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DEPARTMENT OF EDUCATION include in their comments only information Background that they wish to make publicly available. The Secretary proposes to amend the 34 CFR Parts 367, 369, 370, 371, 373, regulations governing a number of 376, 377, 379, 381, 385, 386, 387, 388, FOR FURTHER INFORMATION CONTACT: programs administered by the 389, 390, and 396 Janet LaBreck, U.S. Department of Education, 400 Maryland Avenue SW., Rehabilitation Services Administration RIN 1820–AB71 Room 5086 PCP, Washington, DC (RSA) to implement changes to the [Docket No. 2015–ED–OSERS–0002] 20202–2800. Rehabilitation Act of 1973 (Act) made by the Workforce Innovation and Telephone: (202) 245–7488, or by Workforce Innovation and Opportunity Opportunity Act (WIOA), enacted on email: [email protected]. Act, Miscellaneous Program Changes July 22, 2014 (Pub. L. 113–128). These If you use a telecommunications programs and their corresponding AGENCY: Office of Special Education and device for the deaf (TDD) or a text regulations are: Rehabilitative Services, Department of telephone (TTY), call the Federal Relay • The Independent Living Services Education. Service (FRS), toll free, at 1–800–877– for Older Individuals Who Are Blind ACTION: Notice of proposed rulemaking. 8339. (OIB) program, 34 CFR part 367; • The Client Assistance Program SUMMARY: The Secretary proposes to SUPPLEMENTARY INFORMATION: (CAP), 34 CFR part 370; amend the regulations governing a Invitation to Comment: We invite you • The American Indian Vocational number of programs administered by to submit comments regarding these Rehabilitation Services (AIVRS) the Rehabilitation Services proposed regulations. To ensure that program, 34 CFR part 371 (formerly Administration (RSA) to implement your comments have maximum effect in known as ‘‘Vocational Rehabilitation changes to the Rehabilitation Act of developing the final regulations, we Service Projects for American Indians 1973 (Act) made by the Workforce urge you to identify clearly the specific with Disabilities’’); • Innovation and Opportunity Act, section or sections of the proposed The Rehabilitation National enacted on July 22, 2014. regulations that each of your comments Activities program, 34 CFR part 373 The Secretary also proposes to addresses and to arrange your comments (formerly known as ‘‘Special implement changes to the Act made by Demonstration Projects’’); in the same order as the proposed • the Workforce Investment Act, enacted regulations. The Protection and Advocacy of on August 7, 1998, that have not Individual Rights (PAIR) program, 34 previously been implemented in We invite you to assist us in CFR part 381; regulations, and to otherwise update, complying with the specific • The Rehabilitation Training clarify, and improve RSA’s current requirements of Executive Orders 12866 program, 34 CFR part 385; regulations. and 13563 and their overall requirement • The Rehabilitation Long-Term of reducing regulatory burden that Training program, 34 CFR part 386; DATES: We must receive your comments might result from these proposed • The Innovative Rehabilitation on or before June 15, 2015. regulations. Please let us know of any Training Program, 34 CFR part 387 ADDRESSES: Submit your comments further ways we could reduce potential (formerly known as the ‘‘Experimental through the Federal eRulemaking Portal costs or increase potential benefits and Innovative Training’’); or via postal mail, commercial delivery, while preserving the effective and • The Rehabilitation Short-Term or hand delivery. We will not accept efficient administration of the Training Program, 34 CFR part 390; and comments submitted by fax or by email Department’s programs and activities. • The Training of Interpreters for or those submitted after the comment During and after the comment period, Individuals Who are Deaf or Hard of period. To ensure that we do not receive you may inspect all public comments Hearing and Individuals who are Deaf- duplicate copies, please submit your about these proposed regulations by Blind program, 34 CFR part 396 comments only once. In addition, please accessing Regulations.gov. You may also (formerly known as the ‘‘Training of include the Docket ID at the top of your inspect the comments in person in Interpreters for Individuals Who are comments. Room 5093, Potomac Center Plaza, 550 Deaf and Individuals who are Deaf- • Federal eRulemaking Portal: Go to 12th Street SW., Washington, DC, Blind program’’). www.regulations.gov to submit your between 8:30 a.m. and 4:00 p.m. WIOA also repealed the statutory comments electronically. Information Washington, DC time, Monday through authority for four programs, and the on using Regulations.gov, including Friday of each week except Federal Secretary, therefore, proposes to remove instructions for accessing agency holidays. Please contact the person their corresponding regulations. These documents, submitting comments, and listed under FOR FURTHER INFORMATION programs and regulations are: viewing the docket, is available on the • Vocational Rehabilitation Service CONTACT. site under ‘‘Are you new to the site?’’ Projects for Migratory Agricultural • Postal Mail, Commercial Delivery, Assistance to Individuals with Workers and Seasonal Farmworkers or Hand Delivery: If you mail or deliver Disabilities in Reviewing the with Disabilities (Migrant Workers) your comments about these proposed Rulemaking Record: On request we will program, portions of 34 CFR part 369; regulations, address them to Janet provide an appropriate accommodation • Projects for Initiating Special LaBreck, U.S. Department of Education, or auxiliary aid to an individual with a Recreation Programs for Individuals 400 Maryland Avenue SW., Room 5086 disability who needs assistance to with Disabilities (Recreational Potomac Center Plaza (PCP), review the comments or other programs), portions of 34 CFR part 369; Washington, DC 20202–2800. documents in the public rulemaking • Projects with Industry, 34 CFR part record for these proposed regulations. If 379 and portions of part 369; and Privacy Note: The Department’s policy is • to make all comments received from you want to schedule an appointment The State Vocational Rehabilitation members of the public available for public for this type of accommodation or Unit In-Service Training program, 34 viewing in their entirety on the Federal auxiliary aid, please contact the person CFR part 388. eRulemaking Portal at www.regulations.gov. listed under FOR FURTHER INFORMATION In addition, the Secretary proposes to Therefore, commenters should be careful to CONTACT. implement changes to the Act made by

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the Workforce Investment Act (WIA), title VII, Chapter 2, of the Act. We the provision of these services by the enacted August 7, 1998 (Pub. L. 105– would require that not less than 1.8 OIB program. 220). These changes were not previously percent and not more than 2 percent of Transfer of Title VII, Chapter 1 IL the funds for this program be reserved implemented in the applicable Programs regulations. The Secretary proposes to provide training and technical these changes to the OIB, CAP, AIVRS, assistance to DSAs or other providers of Statute: Title VII, Chapter 1, Section and PAIR program regulations. independent living services for older 701A of the Act (29 U.S.C. 796), as Separate and apart from amendments individuals who are blind. amended by WIOA, establishes within to the Act made by WIOA and WIA, the In addition, the Secretary proposes to the Administration for Community Secretary proposes to update and clarify incorporate into part 367 the text of Living (ACL) of the Department of the regulations governing the various relevant provisions of parts 364 and 365 Health and Human Services an rehabilitation training programs—34 regarding general independent living Independent Living Administration that CFR parts 373, 385, 386, 387, and 396— and State independent living services will be the principal agency to carry out and 34 CFR part 390, which governs the that were previously incorporated only the Independent Living Services and Rehabilitation Short-Term Training by reference. This change is necessary Centers for Independent Living program. These regulations have not because WIOA transferred the programs. WIOA transfers these been updated in some time, and Independent Living Services and programs to ACL from RSA. The updating them now is intended to Centers for Independent Living Department of Education continues to improve how these programs function. programs to the Administration for administer title VII, Chapter 2 of the Finally, as part of this update, the Community Living of the Department of Act, which authorizes OIB. Secretary proposes to remove Health and Human Services. Due to this Current Regulations: Current regulations that are superseded or transfer, parts 364 and 365 will no § 367.4(c) refers to certain sections of obsolete and to consolidate regulations, longer be applicable to programs parts 364 and 365 rather than restating where appropriate. The Secretary administered by the Department of the same text in full. The relevant proposes to remove the balance of 34 Education and will eventually be sections in part 364 address definitions; CFR part 369 that does not apply to the removed. the use and obligation of Federal funds and program income; notice of the Migrant Workers program, the Significant Proposed Regulations Recreational Programs, the Projects Client Assistance Program (CAP); access With Industry program, and parts 376, Because we propose to make a to records; and special requirements for 377, and 389. number of structural and numbering the protection, use, and release of revisions to part 367, we discuss the personal information. The sections in Proposed Regulations proposed changes by subpart and, part 365 set out requirements and Because the amendments we propose within each subpart, by subject or conditions for cash or in-kind in this document are so many and section. contributions as they apply to a State’s non-Federal share, awards, subawards, varied, we discuss first those programs Subpart A—General whose regulations we propose to amend or contractors. Statute: WIOA added a new and not remove. We discuss them in the Proposed Regulations: We propose to subparagraph (E) in section 7(17) of the order in which their parts appear in the remove these cross references from Act. This new subparagraph specifies Code of Federal Regulations (CFR). For current § 367.4 and amend current part that services to facilitate the transition each part, we provide a short 367 to provide the full text of the of individuals from nursing homes and background of the program, a summary relevant sections in parts 364 and 365 other institutions to home and of the changes we propose, and a to which current § 367.4 now only cross community based residences with the detailed discussion of the significant references. requisite supports and services are core Reasons: With the transfer of the proposed regulations. Generally, we do IL services and, as such, may be Independent Living Services and not address proposed regulatory provided by the OIB program. Grantees Centers for Independent Living changes that are technical or otherwise may also provide assistance and programs from RSA to ACL, parts 364 minor in effect. services to older individuals who are and 365 will no longer be applicable to Independent Living Services for Older blind and who are at risk of entering programs administered by the Individuals Who Are Blind (OIB), 34 institutions so that they may remain in Department of Education and will CFR Part 367 the community. eventually be removed. We propose to Current Regulations: Current move language into part 367 that is Background § 367.3(b)(7) does not list this service relevant to the functioning of the OIB The program makes grants to specifically. It lists a broad array of program. designated State agencies (DSAs) that independent living services that may be Proposed New Subpart B—Training and provide vocational rehabilitation provided to older individuals who are Technical Assistance (Replaces Current services to individuals who are blind. blind, but does not reference the Subpart B) DSAs provide to older individuals who specific service added by WIOA. are blind or visually impaired Proposed Regulations: Current Statute: WIOA added to title VII, independent living services designed to § 367.3(b)(7) would be expanded to chapter 2 of the Act section 751A, increase or maintain their ability to live include the specific IL service which requires that, beginning in FY independently. The Department last authorized by WIOA in the new 2015, not less than 1.8 percent and not published regulations for this program subparagraph (E) in section 7(17) of the more than 2 percent of the funds for this in 1994 (59 FR 41909 (August 15, Act as an allowable service under the program be reserved to provide, either 1994)). OIB program. directly or through grants, contracts, or Reasons: The inclusion of the IL cooperative agreements, training and Summary of Proposed Changes service in the proposed regulations is technical assistance to DSAs or other These proposed regulations would consistent with changes in the IL core providers of independent living services implement the changes WIOA made to services defined in WIOA and allows for for older individuals who are blind that

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are funded under the OIB program; that and to inform decisions about funding Current § 367.11(f) requires that the Secretary conduct a survey of DSAs priorities. applications be consistent with the SPIL that are OIB program grantees to Proposed § 367.24(a) and (b) would for providing required independent determine funding priorities for the provide that the Secretary evaluate living services under section 704 of the training and technical assistance; and applications for a grant, cooperative Act. that the Secretary shall provide for peer agreement, or contract under subpart B Proposed Regulations: We propose to review of applications to provide on the basis of selection criteria chosen remove current § 367.11(c) and (f). training and technical assistance from from the general selection criteria found Reason: Removing current § 367.11(c) eligible entities by panels that include in EDGAR at 34 CFR 75.210. If a and (f) would implement WIOA’s persons who are not government contract is awarded, it would be made removal of these requirements from the employees and who have experience in in accordance with regulations at 34 OIB program and eliminate the the provision of services to older CFR part 75. connection of OIB to the State Plan for individuals who are blind. Reasons: The proposed new subpart B Independent Living, required by title Current Regulations: None. gives effect to the new training and VII, chapter 1, now administered by Proposed Regulations: We propose to technical assistance requirements and ACL. add a new subpart B to part 367, the manner in which these requirements Proposed New Subpart D—How does consisting of §§ 367.20 through 367.24, are implemented, including a survey of the Secretary award discretionary to govern how the Department would needs and the funding of activities grants? (Current Subpart C) assess the grantees’ training and either directly or through a peer technical assistance needs and how it reviewed competitive process consistent Statute: None. would provide training and technical with the Department’s practices. Current Regulations: The current assistance under OIB. Proposed New Subpart C—What Are the subpart C consists of §§ 367.20 through Proposed § 367.20 would provide that Application Requirements Under This 367.23 and is entitled ‘‘How Does the the Secretary reserve not less than 1.8 Part? (Current Subpart B) Secretary Award Discretionary Grants percent and not more than 2 percent of on a Competitive Basis?’’ Statute: None. the funds appropriated to carry out the Current § 367.22 provides specific Current Regulations: Current subpart OIB program to provide training and selection criteria used by the Secretary B consists of §§ 367.10 and 367.11, technical assistance in any fiscal year, in awarding discretionary grants. which set out the manner in which a beginning in FY 2015, to DSAs or other Current § 367.23 provides for the DSA applies for an award or a providers of independent living services consideration of geographical reallotment grant and the required for older individuals who are blind distribution of projects in making an assurances that a DSA must include in during such fiscal year. award. an application. Proposed § 367.21 would explain how Proposed Regulations: We propose to Current § 367.42(a) and (b) provide the Secretary uses the funds specified in redesignate current subpart B as subpart the basis for noncompetitive § 367.20 to provide training and C and to change its title to ‘‘What Are continuation grants. technical assistance, either directly or the Application Requirements Under Proposed Regulations: We propose to through grants, contracts, or cooperative this Part?’’ We propose as well to redesignate and retitle subpart C as agreements to entities that have the renumber the sections in the new ‘‘Subpart D—How Does the Secretary capacity to provide such training and subpart §§ 367.30 and 367.31. Award Discretionary Grants?’’ We technical assistance. Any selected entity Reason: We propose to redesignate propose to renumber the sections within receiving funding would provide current subpart B as subpart C to make subpart D to begin with § 367.40. training and technical assistance to room for a new subpart that addresses Proposed § 367.40(b) would insert the DSAs or other service providers, WIOA’s requirement to provide training basis for the award of noncompetitive assisting them to improve the operation and technical assistance to DSAs or continuation grants by the Secretary for and performance of the program leading other providers of independent living a multi-year project. This is in current to enhanced independence and self- services for older individuals who are regulations at § 367.42(a) and (b). sufficiency for older individuals who blind. We propose to eliminate the specific are blind. selection criteria included in current Proposed § 367.22 would describe Removal of State Plan for Independent § 367.22. In its place, proposed how the Secretary makes an award Living OIB Requirements § 367.41(a) would provide for the under subpart B for training and Statute: WIOA deletes the evaluation of applications based on the technical assistance. It would require an requirement in section 752(h) of the Act selection criteria chosen from the applicant to submit an application to (29 U.S.C. 796k(h)) for the State to seek general selection criteria found in the Secretary containing a proposal for to incorporate into the State Plan for EDGAR at 34 CFR 75.210. the provision of training and technical Independent Living any new methods Proposed § 367.41(b) would allow for assistance to DSAs and other providers and approaches relating to independent consideration of geographical of services under the OIB program. living services for older individuals who distribution of projects in making an Proposed § 367.22 would also require are blind. award, replacing the current regulation applications to be peer reviewed by Current Regulations: Current at § 367.23. panels that include individuals who are § 367.11(c) requires the DSA to seek to Reasons: Though the Department not Federal or State government incorporate into and describe in the currently does not make discretionary employees and who have experience in State plan for independent living (SPIL) grants under OIB, we are nonetheless the provision of services to older any new methods and approaches proposing to update the relevant individuals who are blind. relating to IL services for older regulations to ensure that we have Proposed § 367.23 would provide that individuals who are blind that are appropriate flexibility in designing the Secretary conduct a survey of DSAs developed by projects funded by OIB competitions and awarding grants that receive OIB grants to assess their and that the DSA determines to be should the appropriation ever fall below training and technical assistance needs effective. $13 million.

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Proposed New Subpart E—How does the subpart E, and to replace them with new receiving services under the Act in Secretary award formula grants? sections beginning with § 367.60. order to resolve disputes with programs (Current Subpart D) Proposed § 367.60 would provide providing those services, including guidance on when a DSA may make vocational rehabilitation services. Formula Grant Awards—Reallotment subawards or contracts under the OIB The Department last updated the Statute: Section 752(i)(4) of the Act, program. regulations at 34 CFR part 370, which as amended by WIOA, provides for the Proposed § 367.61 would provide the govern the CAP, on November 2, 1995 disposition of certain amounts under regulatory requirements to meet the (60 FR 55766). formula grants. non-Federal contribution required by Current Regulations: Current Subpart § 367.31(b). Summary of Proposed Changes D consists of § 367.30 through § 367.32. Proposed § 367.62 would address the Both WIOA and WIA made significant Current § 367.32 sets out the requirements that apply if a State’s non- changes to section 112 of the Act. To procedures for how the Secretary Federal share is in cash. implement those changes made by WIA, reallots funds under the formula grants Proposed § 367.63 would provide the the Secretary proposes to amend the program. requirements that apply if a State’s non- regulations governing the redesignation Proposed Regulations: We propose to Federal share is in kind. of a designated CAP agency to require redesignate current subpart D as Proposed § 367.64 would provide for the Governor to redesignate the ‘‘Subpart E—‘‘How Does the Secretary a prohibition against a State designated CAP agency if it is internal Award Formula Grants?’’ We propose to conditioning a subaward or contract to the designated State agency (DSA) for renumber the sections in this subpart to based on a cash or in-kind contribution. the Vocational Rehabilitation program begin with § 367.50. Proposed § 367.65 would provide the and that DSA undergoes a significant Proposed § 367.52(e) would require definition of program income and how reorganization that meets certain that an OIB grantee inform the Secretary it may be used. statutory criteria. 45 days prior to the end of the fiscal Proposed § 367.66 would provide the The Secretary proposes three year that funds would be available for requirements that apply to the substantive changes to incorporate reallotment. obligation of Federal funds and program statutory changes made to section 112 Reasons: This proposed change would income. by WIOA. First, we would add the bring the OIB program reallotment Proposed § 367.67 would describe the protection and advocacy system serving requirements into alignment with other notice that must be given about the the American Indian Consortium as an formula grants administered by RSA. Client Assistance Program. entity eligible to receive a CAP grant. This timeline would ensure that RSA Proposed § 367.68 would provide the Second, we would require the Secretary receives timely notice of relinquished specific requirements pertaining to the to reserve funds from the CAP funds and is able to award realloted protection, use, and release of personal appropriation, once it reaches a funds to grantees prior to the end of the information belonging to applicants or specified level, to award a grant for the Federal fiscal year. This proposed recipients of services. provision of training and technical change is consistent with RSA’s current Proposed § 367.69 would provide the assistance to designated CAP agencies. practices. requirements related to the provision of Finally, we would clarify that access to records. authorized activities under the CAP Proposed New Subpart F—What Proposed § 367.70 would provide include assisting client and client- conditions must be met after an award? requirements regarding the maintenance applicants who are receiving services (Current Subpart E) of records by DSAs and other providers. under sections 113 and 511 of the Act. Statute: Section 701A of the Act (29 Reasons: OIB grantees have always In addition to substantive changes U.S.C. 796 et seq.), as amended by been required to comply with these required by statutory amendments, the WIOA, establishes within the proposed provisions because current Secretary also proposes other changes to Administration for Community Living § 367.4 incorporates them by reference update part 370 so that it, among other in the Department of Health and Human from parts 364 and 365. Because the IL things, conforms with RSA practice (i.e., Services a new Independent Living programs implementing parts 364 and with regard to submission of application Administration that will administer the 365 will no longer be administered by and assurances) or reflects current CAP independent living programs under the Department of Education, and grantee practice (i.e., with regard to chapter 1 of title VII of the Act. because those parts will be removed in contracts with centers for independent Consequently, the independent living the future, we propose to move the text living). regulations in parts 364 and 365, which of the applicable provisions to part 367 are referenced in part 367, will no so that the OIB program can continue to Significant Proposed Regulations longer be administered by the function appropriately. We organize our discussion of Department of Education. Therefore, the Client Assistance Program (CAP), 34 proposed changes by subject and relevant sections of parts 364 and 365 CFR Part 370 section. are being incorporated into part 367. Current Regulations: Current subpart Background Clients and Client-Applicants (§ 370.1) E consists of §§ 367.40 through 367.42, CAP is authorized under section 112 Statute: Section 112(a) of the Act, as which provide the conditions that must of the Act (29 U.S.C. 732). CAP grantees amended by WIOA (29 U.S.C. 732(a)), be met after an award is made, provide information to individuals with clarifies that CAP grantees may provide including matching requirements, when disabilities about the services and information, advocacy, and a DSA may award grants or contracts, benefits available under the Act and representation to clients and client- and when continuation awards may be their rights under title I of the applicants to facilitate their access to made. Americans with Disabilities Act. In services available under the Act, Proposed Regulations: We propose to addition, CAP grantees are authorized to including pre-employment transition redesignate current subpart E as subpart provide advocacy and legal services provided under section 113 and F, to remove the provisions in current representation to individuals seeking or the services provided pursuant to

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section 511 regarding limitations on the provide treatment and services under advocacy’’ by removing reference to use of subminimum wages. the Act. class action lawsuits. In addition, the Act, as amended by Proposed Regulations: We propose to Reasons: Although the Act WIOA, includes new definitions for a amend paragraphs (e) through (g) of specifically prohibits a CAP agency ‘‘student with a disability’’ and a ‘‘youth current § 370.2 to eliminate the CAP’s from engaging in class actions, CAP with a disability,’’ at section (7)(37) and authority to contract with centers for grantees are permitted to engage in (42), respectively, for the purpose of independent living. We also propose to systemic advocacy, which could be receiving pre-employment transition amend current § 370.41 by deleting all carried out without the initiation of a services and/or other transition services references to the authority to contract class action lawsuit. We believe that the through the vocational rehabilitation with centers for independent living. proposed definition of ‘‘systemic program. Reasons: According to information advocacy’’ is broad enough to Current Regulations: The current available to the Secretary, no CAP encompass all allowable systemic § 370.1(a) states that CAP grantees are agency that had contracted with centers advocacy activities, while also authorized to inform and assist client for independent living for the provision eliminating the potential for and client-applicants about services of CAP services at the time of its initial misinterpreting § 370.6 as allowing CAP available through programs authorized designation still does so, thus making grantees to engage in class action under the Act. Current § 370.1(a) does the need for the exception and the lawsuits. not mention the services provided reference to contracting with centers for Requirements for Redesignation under sections 113 and 511, nor does independent living obsolete. (§ 370.10) current § 370.4 specifically refer to The Definition of ‘‘State’’ (§ 370.6) students and youth with disabilities Statute: Section 112(c)(1)(B)(ii) of the since these are new statutory Statute: Section 7(32) of the Act, as Act, as amended by WIA (29 U.S.C. requirements. amended by WIA (29 U.S.C. 705(32)), 732(c)(1)) requires the Governor to Proposed Regulations: We propose to deleted the Republic of Palau from the redesignate a CAP agency housed in a amend current § 370.1(a) to clarify that definition of the term ‘‘State.’’ As a DSA for the vocational rehabilitation the CAP may assist individuals who are result, ‘‘State’’ includes, in addition to program, if the DSA is reorganized to receiving or applying to receive services each of the several States of the United create one or more agencies or is merged under sections 113 and 511 of the Act. States, the District of Columbia, the into another agency. We propose to amend current Commonwealth of Puerto Rico, the Current Regulations: Current § 370.10 § 370.4(a)(3)(ii) to clarify that students United States Virgin Islands, Guam, describes when a Governor must and youth with disabilities applying for American Samoa, and the redesignate a CAP agency, but does not and receiving services under the Act are Commonwealth of the Northern Mariana include this particular requirement considered clients and client-applicants Islands. Section 7(32) of the Act was because part 370 was last updated in for the purpose of receiving CAP renumbered as section 7(34) by WIOA. 1995, prior to the amendments to the services. Current Regulations: Current § 370.6 Act made by WIA. Finally, we propose to amend current includes Palau in the definition of Proposed Regulations: We propose to § 370.4(b) to clarify that in all instances, ‘‘State’’ because the statutory definition amend current § 370.10 by adding a new references to services provided under changed after part 370 was last updated. paragraph (a) that would require the the Act in the context of this paragraph Current § 370.30(b), last updated in Governor to redesignate an internal are those provided under title I of the 1995, provides for the funding of the CAP—e.g., a CAP that is housed within Act. territories, including the Republic of the DSA for the vocational rehabilitation Reasons: While WIOA does not Palau. program—when the DSA undergoes a expand the scope of authorized Proposed Regulations: We propose to significant reorganization that meets the activities or those individuals with delete the Republic of Palau from the criteria stated in the statute. disabilities who may be served by CAP definition of ‘‘State’’ at current § 370.6. We also propose to amend this section grantees, the amendments to section 112 We also propose to amend current by adding references to 34 CFR make specific reference to individuals § 370.30(b) to delete reference to the 361.5(c)(12) to clarify the meaning of receiving services under sections 113 Republic of Palau. designated State agency in this context and 511 of the Act. The proposed Reasons: This change is necessary to in order to eliminate any potential regulations incorporate these same implement the new statutory definition confusion, given the similarities of the references for the purpose of of ‘‘State,’’ which forms the basis for terms ‘‘designated agency’’ for the CAP clarification. For clarification purposes, determining eligibility for grants under grantees and ‘‘designated State agency’’ the proposed regulations also the Act. for the vocational rehabilitation program. incorporate references to students and Definition of ‘‘Systemic Advocacy’’ Reasons: These proposed changes youth with disabilities. (§ 370.6) would implement the 1998 amendments Centers for Independent Living (§ 370.2) Statute: Section 112(d) of the Act (29 to the Act contained in WIA. Statute: None. U.S.C. 732(d)) prohibits CAP grantees Submission of Application (§ 370.20) Current Regulations: Current from engaging in class action litigation § 370.2(f) permits a designated CAP as a form of systemic advocacy. This Statute: Section 112(f) of the Act (29 agency that, at the time of its initial statutory prohibition remains U.S.C. 732(f)) requires CAP grantees to designation prior to February 22, 1984, unchanged. submit an application at the time and in was contracting for CAP services with Current Regulations: The definition of the manner prescribed by the Secretary centers for independent living, to ‘‘systemic advocacy’’ in current § 370.6 as a condition for receiving funding. continue those contracts. This was includes reference to class action The statutory requirement remains promulgated as an exception to the lawsuits. unchanged. general prohibition in current § 370.2(e) Proposed Regulations: We propose to Current Regulations: Current against contracting with entities that amend the definition of ‘‘systemic § 370.20(a) requires CAP grantees to

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submit an application annually as a the American Indian Consortium, to $14 million, to award a grant for the condition for receiving funding. clarify that this entity is responsible for purpose of providing training and Proposed Regulations: We propose to submitting the application and technical assistance to CAP grantees. amend current § 370.20(a) by deleting assurances for a CAP grant. For all other Current Regulations: Current § 370.30 the requirement for annual submission CAP grantees, the Governor would describes the allotment process, but and, instead, mirroring statutory submit the application and assurances does not address this particular language that gives the Secretary on behalf of the grantees. reservation of funds since it is a new flexibility for the timing of these We propose to amend current statutory requirement. submissions. § 370.40(c) to clarify that the protection Proposed Regulations: We propose to Reasons: Proposed § 370.20(a) would and advocacy system serving the amend current § 370.30 by adding a new be consistent with the statutory American Indian Consortium is paragraph (d) that requires the Secretary requirements at section 112(f) of the responsible and accountable for the CAP to reserve funds from the CAP Act, thereby giving the Secretary the to the Secretary, and the Secretary may appropriation, once it equals or exceeds flexibility to determine when seek recovery of funds from that entity, $14 million, to fund training and submission of an application, including if determined necessary. technical assistance to designated CAP assurances, is necessary for efficient Reasons: The proposed changes are agencies. The training and technical program administration. Since 2005, the necessary to implement new statutory assistance provided under this section, Department has required Governors to requirements that add the protection as proposed, must be carried out in submit the application, including and advocacy system serving the coordination with the training and assurances, only at the time of an initial American Indian Consortium as eligible technical assistance activities provided designation or redesignation of a CAP to receive a CAP grant. The protection under the Protection and Advocacy of grantee. and advocacy system serving the Individual Rights program at 34 CFR American Indian Consortium is part 381. American Indian Consortium (§ 370.30) established under the Developmental We also propose to revise current Statute: Section 112(e)(1)(E) of the Disabilities Assistance and Bill of Rights § 370.5(a)(1) to clarify that part 75 of Act, as amended by WIOA (29 U.S.C. Act of 2000. Until the enactment of EDGAR applies to the grant made in 732(e)), requires the Secretary to reserve WIOA, this particular protection and accordance with § 370.30(d)(1). funds from the CAP appropriation to advocacy system was authorized to Reasons: The changes are necessary to make a grant to the protection and provide services under other implement amendments to section 112 advocacy system serving the American components of the protection and of the Act made by WIOA that require Indian Consortium in an amount equal advocacy system, including the the Secretary to award a grant for the to that allotted to the territories. Protection and Advocacy of Persons purpose of providing training and Current Regulations: Current § 370.30 with Developmental Disabilities, the technical assistance to CAP grantees describes allotments to CAP grantees, Protection and Advocacy of Individuals once the CAP appropriation reaches a but does not mention the protection and with Mental Illness, and the Protection certain level and are intended to help advocacy system serving the American and Advocacy of Individual Rights designated CAP agencies improve their Indian Consortium since this is a new programs, but not CAP. In addition, the operations and service delivery. statutory requirement. Secretary believes it is critical to clarify Proposed Regulations: We propose to through the regulations that the CAP Reallotment (§ 370.31) amend current § 370.30 by adding a new administered by the protection and Statute: Section 112(e)(2) of the Act paragraph (c) that would require the advocacy system serving the American (29 U.S.C. 732(e)(2)) sets forth the Secretary to reserve funds to award a Indian Consortium, as a new grantee, process by which the Secretary reallots CAP grant to the protection and has the ability to engage in advocacy on funds when a CAP grantee cannot use advocacy system serving the American behalf of clients and client-applicants all funds awarded to it. This statutory Indian Consortium. This grant would be with tribal governmental agencies since provision remains unchanged. made at the level of funding authorized those agencies likely would be most Current Regulations: Current for a territory. We also propose to make relevant to the issues raised by clients § 370.31(a) requires a CAP grantee to conforming amendments to the and client-applicants of that particular notify the Secretary 90 days prior to the following related regulations. CAP. Therefore, we propose to clarify end of the fiscal year of funds awarded We propose to amend current that advocacy includes acting on behalf for that year that are available for § 370.2(a) to add the protection and of the clients or client-applicants with reallotment. advocacy system serving the American tribal governmental agencies. Finally, Proposed Regulations: We propose to Indian Consortium as eligible to receive we believe it is important to clarify that amend current § 370.31(a) to reduce to a CAP grant. the protection and advocacy system 45 days the period a designated CAP We propose to amend current § 370.6 serving the American Indian consortium agency has to inform the Secretary if to: (a) Incorporate references to tribal is specifically established under the funds will be available for reallotment. governmental agencies in the definition Developmental Disabilities Assistance Reasons: This change is necessary to of ‘‘advocacy’’; (b) add new definitions and Bill of Rights Act of 2000; therefore, bring the CAP requirements into for the terms ‘‘American Indian this CAP agency is not one that is alignment with current practices for Consortium’’ and ‘‘protection and designated by the Governor as are all other formula grants administered by advocacy system’’; and (c) amend the other CAP grantees. the Rehabilitation Services definition of ‘‘designated agency’’ to Administration. The Secretary believes include the protection and advocacy Training and Technical Assistance this proposed change would benefit system serving the American Indian (§ 370.30) CAP grantees because each would have Consortium. Statute: Section 112(e)(1)(F) of the 45 more days to determine whether it We propose to amend current Act, as amended by WIOA (29 U.S.C. would be unable to use the awarded § 370.20, which governs applications for 732(e)(1)(F)), requires the Secretary to funds and, thus, would need to CAP grants, by adding references to the reserve a portion of the total CAP relinquish those funds for reallotment. protection and advocacy system serving appropriation, once it equals or exceeds In practice, CAP grantees rarely

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relinquish funds since those funds are income as an addition to their Federal within each subpart, by subject or available for use in the succeeding fiscal award. section. year. American Indian Vocational Subpart A—General Carryover (§ 370.47) Rehabilitation Services Program Statute: The statutory title of this Statute: Section 19 of the Act permits (AIVRS), 34 CFR Part 371 program is ‘‘American Indian CAP grantees to carry over funds Background Vocational Rehabilitation Services.’’ received under section 112 of the Act to Current Regulations: The current title the succeeding fiscal year. This The program makes grants to the for the program in the regulation is statutory provision remains unchanged. governing bodies of Indian tribes ‘‘Vocational Rehabilitation Service Current Regulations: Current located on Federal and State Projects for American Indians with § 370.47(b) requires CAP grantees to reservations (and consortia of those Disabilities.’’ notify the Secretary if they are carrying governing bodies). Grantees provide Proposed Regulations: We propose to over funds into the fiscal year vocational rehabilitation services for change the title of part 371 to succeeding that in which the funds were American Indians who are individuals ‘‘American Indian Vocational awarded. with disabilities residing on or near Rehabilitation Services.’’ Proposed Regulations: We propose to these reservations, consistent with their Reasons: The change would make the delete paragraph (b) of current § 370.47 strengths, resources, priorities, title of the regulations consistent with to align the regulations with section 19 concerns, abilities, capabilities, the statutory title of the program, of the Act and current Department interests, and informed choice, so that eliminating any confusion. practice, neither of which requires these individuals may prepare for, and Statute: WIOA clarified the purpose grantees to inform the Department of an engage in, high-quality employment that of the AIVRS program. It added intent to carry over funds. will increase opportunities for economic language to section 121(a) of the Act We propose to renumber current self-sufficiency. The Department last describing that services would be § 370.47 as § 370.48 and include made a comprehensive revision of the provided to American Indians with language clarifying reallotment funds regulations for this program on February disabilities consistent with their that are not obligated or expended by 18, 1994 (59 FR 8338). strengths, resources, priorities, the designated agency prior to the Summary of Proposed Changes concerns, abilities, capabilities, beginning of the succeeding fiscal year, interests, and informed choice, so that may be carried over to the succeeding These proposed regulations would such individuals may prepare for, and fiscal year and remain available for implement the changes WIOA made to engage in, high-quality employment that obligation and expenditure in that section 121 of title I of the Act. WIOA will increase opportunities for economic succeeding fiscal year. expanded the definition of ‘‘Indian’’ to self-sufficiency. Reasons: Neither section 19 of the Act include natives and descendants of WIA amendments in 1998 added the nor the Department’s current practice natives under the Alaska Native Claims ability of AIVRS projects to serve require designated agencies to inform Settlement Act. WIOA amended the American Indians with disabilities who the Secretary that funds, including any definition of ‘‘Indian tribe’’ to include a live ‘‘near’’ the reservation in addition reallotment funds, are being carried over ‘‘tribal organization.’’ Proposed subpart to ‘‘on’’ the reservation. Additionally, into the succeeding fiscal year. B would amend the AIVRS regulations section 121(b)(B) of the Act authorizes to implement the WIOA requirement projects funded under this program to Program Income (§ 370.47) that not less than 1.8 percent and not include ‘‘services traditionally used by Statute: Section 19 of the Act governs more than 2 percent of the funds for the Indian tribes.’’ the use of program income received by AIVRS program be reserved to provide Current Regulations: Current § 371.1 various programs, including the CAP. training and technical assistance to the does not include the ability of projects This statutory provision remains governing bodies of Indian tribes and to serve individuals ‘‘near’’ a unchanged. consortia of those governing bodies reservation, nor does it make clear that Current Regulations: None. eligible for a grant under this program. projects may provide culturally Proposed Regulations: We propose to The proposed amendments also appropriate services (i.e., services rename § 370.47 as ‘‘What is program implement changes made by WIA in traditionally used by Indian tribes). income and how may it be used?’’ 1998 that have not previously been While it includes some of the language Proposed § 370.47 would define incorporated, such as the expansion of regarding the purpose of the program, it program income, identify its uses, and services to American Indians with does not include all of the new language permit it to be treated as either an disabilities living ‘‘near’’ a reservation, added by WIOA. addition or deduction to the CAP award. as well as ‘‘on’’ a reservation and the Proposed Regulations: We propose to In addition, we propose amending change of the project period from up to amend § 371.1 to restate the purpose of renumbered § 370.48 to permit program three to up to five years. Additionally, the program and include the new income to be carried over into the we propose to incorporate relevant language added to section 121 of the Act succeeding fiscal year. sections of part 369, which the by WIOA. Current § 371.1 would also be Reasons: These regulations are Department proposes to repeal, and updated to include the expanded necessary to govern the use and relevant sections of part 361, eligibility of beneficiaries in the WIA treatment of program income, consistent particularly definitions found in each of 1998 amendments to section 121. with section 19 of the Act. Additionally, those parts. Reasons: The regulations would designated CAP agencies that earn Significant Proposed Regulations properly reflect the purpose of the program income, or receive transferred program restated by WIOA and the Social Security Administration Because we propose to make a expansion of services to American payments from the vocational number of structural and numbering Indians with disabilities who live rehabilitation program, have historically revisions to part 371, we discuss the ‘‘near’’ the reservation made by WIA in been permitted to spend the program proposed changes by subpart and, 1998.

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Statute: WIOA affects eligibility for and to add the authority for AIVRS ‘‘Employment outcome’’; ‘‘Family the AIVRS program by including a projects to serve individuals who reside member’’; ‘‘Maintenance’’; ‘‘Physical ‘‘tribal organization (as defined in ‘‘near’’ a reservation as well as ‘‘on’’ a and mental restoration services’’; section 4(l) of the Indian Self- reservation. We also propose to change ‘‘Physical or mental impairment’’; Determination and Education the language of this section to reflect the ‘‘Post-employment services’’; Assistance Act (25 U.S.C. 450b(l))’’ in change in the title of this part to be ‘‘Substantial impediment to the definition of ‘‘Indian tribe’’ under consistent with the statutory title of the employment’’; ‘‘Supported section 7(19) of the Act. By adding the program. employment’’; ‘‘Supported employment authority to make awards of grants, Reason: We propose to move and services’’; ‘‘Transition services’’; and contracts, or cooperative agreements for renumber § 371.10 to § 371.3 in order to ‘‘Transportation.’’ training and technical assistance under move that provision to accompany the The definitions that we would add this program, WIOA also expands the other general provisions in subpart A. from part 369 are: ‘‘Act’’; ‘‘Community eligibility of entities able to apply for We propose to update the language in rehabilitation program’’; ‘‘Individual funding under this program. order to be consistent with the statutory with a disability’’; ‘‘Individual with a Current Regulations: Section 371.2 changes made by WIA in 1998 and the significant disability’’; and ‘‘Vocational does not reflect the expanded eligibility change made to the title of the Rehabilitation Services.’’ of tribal organizations for AIVRS regulations in this part. The new definitions required by projects or of other entities for the new Statute: Section 121(b)(3) of the Act WIOA are: ‘‘Competitive integrated training and technical assistance funds, was amended by WIA in 1998 to employment’’; ‘‘Customized providing only that applications may be provide that projects funded under the Employment’’; Representative of the made by the governing bodies of Indian AIVRS program are effective for a period tribal vocational rehabilitation program; tribes and consortia of those governing up to 60 months. ‘‘Tribal organization;’’ and ‘‘Tribal bodies located on Federal and State Current Regulations: Current § 371.5 Vocational Rehabilitation Program’’. reservations. provides that a project is effective for up The definitions of common terms we Proposed Regulations: Proposed to three years and includes would add for clarity are: § 371.2 would explain how a governing authorization for an extension up to two ‘‘Representative of the Tribal Vocational body of an Indian tribe, a consortium, additional years if certain conditions are Rehabilitation program’’ and and a tribal organization may each be an met. ‘‘Subsistence.’’ applicant for a grant under the AIVRS Proposed Regulations: We propose to The current definitions that we would program. In order to ensure that a tribal renumber current § 371.5 to § 371.4 and change are ‘‘Consortium’’; and ‘‘Indian’’; organization is capable of carrying out to update the regulation to provide for ‘‘American Indian’’; ‘‘Indian American’’; the purposes of the AIVRS program, a project period of up to 60 months. and ‘‘Indian tribe.’’ ‘‘Reservation’’ was proposed § 371.2(a)(2) would require Reason: We propose this change in amended, following public notice and that the tribal organization has, as one order to move this general section before comment, by a final regulation issued of its functions, the vocational the sections addressing applicable on February 5, 2015 (80 FR 6452). rehabilitation of American Indians with regulations and definitions at the end of Proposed substantive changes to disabilities. Proposed § 371.2(a)(3) subpart A. We propose to update the individual definitions will be discussed would require that a grant to an language in order to be consistent with throughout this NPRM in conjunction applicant serving more than one tribe the statutory changes made by WIA in with relevant topical discussions. must have the approval of each tribe it 1998. Reasons: We propose to include proposes to serve. This section would Statute: WIOA amended section 7 of relevant definitions from part 369, also identify those entities eligible to be the Act, changing several definitions which we propose to repeal, in applicants for a training and technical relevant to the AIVRS program. proposed § 371.6 so that these assistance award under the AIVRS Current Regulations: Section 371.4 definitions still apply to the AIVRS program. provides that the definitions in part 369 program. Reasons: The proposed amendments apply to the AIVRS program and also We propose to add definitions of would incorporate the WIOA changes to defines five additional words and terms as they are defined in sections 7 eligibility for awards under the AIVRS phrases applicable to the AIVRS and 121 of the Act, as amended by program for both AIVRS projects and program. WIOA, in order to be consistent with the the training and technical assistance Proposed Regulations: Proposed statute. funds. The amendments would also § 371.4 would be moved and We propose to include definitions clarify certain requirements the renumbered to § 371.6 and revised to be from part 361 as the same terms are applicant for an AIVRS award must a comprehensive definitions section. It used in the AIVRS program, and adding meet in order to fulfill the purposes of would include the definitions in current definition of these terms to part 371 will the program. § 371.4 and referenced by current make this part easier to use. Statute: Section 121(a) of the Act § 371.3, some of which we would revise; We propose to add definitions of describes the type of projects that are definitions from part 369, which the ‘‘Representative of the Tribal Vocational authorized to be funded under the Department proposes to repeal; relevant Rehabilitation program’’ and AIVRS program. definitions from sections 7 and 121 of ‘‘Subsistence.’’ We propose to include Current Regulations: Current § 371.10 the Act added by WIOA; relevant ‘‘Representative of the Tribal Vocational describes the types of projects that are definitions from part 361; and other Rehabilitation program’’, as used in authorized under the AIVRS program definitions of terms commonly used in § 371.21 pertaining to the special but does not include the 1998 this part that are needed to provide application requirements for projects amendments made by WIA that clarity. funded under part 371, because we expanded the individuals that could be The definitions that we would add believe the definition would help the served to those who live ‘‘near,’’ as well from Section 361 are: ‘‘Assessment for AIVRS grantees to more effectively as ‘‘on,’’ the reservation. determining eligibility and vocational implement the program and fiscal Proposed Regulations: We propose to needs’’; ‘‘Comparable services and requirements and to improve renumber current § 371.10 to § 371.3 benefits’’; ‘‘Eligible Individual’’; employment outcomes for American

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Indians with disabilities. We propose to with respect to developing, conducting, references the specific provisions of define ‘‘subsistence’’ to make clear that administering, and evaluating tribal EDGAR in 34 CFR 75.155–75.159 that it is a form of self-employment and that vocational rehabilitation programs the AIVRS projects should use when it continues to be an allowable funded under this part. consulting with the DSU in the State or employment outcome under the AIVRS Proposed § 371.12 would describe States in which the AIVRS program is program. how the Secretary makes an award providing services. Finally, we propose to revise the under subpart B for training and Reason: Incorporating the specific definitions of ‘‘American Indian,’’ technical assistance, requiring an provisions from current § 369.20 would ‘‘Consortium’’ and ‘‘Indian tribe’’ to applicant to submit an application to clarify the procedures that the AIVRS implement WIOA changes and to clarify the Secretary containing a proposal for projects should use when consulting eligibility under the program. the provision of training and technical with the DSU or DSUs in the State or assistance to the governing bodies of States in which it is providing services. Proposed New Subpart B—Training and Indian tribes and consortia of those Statute: WIOA added to section Technical Assistance (Replaces Current governing bodies awarded a grant under 121(b)(1)(D) of the Act that applicants Subpart B) this program. Section 371.12 would also for a AIVRS grant provide assurances Statute: WIOA added to section 121 of require applications to be peer reviewed that (i) all decisions affecting eligibility the Act, a new subsection (c), which by panels that include individuals who for vocational rehabilitation services, requires that, beginning in FY 2015, not are not Federal or State government the nature and scope of available less than 1.8 percent and not more than employees and who have experience in vocational rehabilitation services and 2 percent of the funds for this program the operation of AIVRS programs. the provision of such services will, be reserved to provide, either directly or Proposed § 371.13 would provide that consistent with title I, be made by a through grants, contracts, or cooperative the Secretary determines funding representative of the tribal vocational agreements, training and technical priorities for training and technical rehabilitation program funded through assistance to the governing bodies of assistance by conducting a survey of the the grant; and (ii) such decisions will Indian tribes and consortia of those governing bodies of Indian tribes funded not be delegated to another agency or governing bodies awarded a grant under under this part to assess training and individual. this program. Section 121(c) also technical assistance needs. In addition, the WIA 1998 provides that the Secretary must Proposed § 371.14(a) would provide amendments made certain amendments conduct a survey of such governing that the Secretary evaluates applications to the Act reflected throughout, such as bodies to determine funding priorities for a grant, cooperative agreement, or changing ‘‘severely disabled’’ to for the training and technical assistance; contract under subpart B on the basis of ‘‘significantly disabled;’’ ‘‘similar and that the Secretary shall provide for selection criteria chosen from the benefits’’ to ‘‘comparable benefits;’’ and peer review of applications to provide general selection criteria found in changing the ‘‘individualized written training and technical assistance from EDGAR at 34 CFR 75.210. Proposed rehabilitation program’’ to the eligible entities by panels that include § 371.14(b) would allow for a ‘‘individualized plan for employment.’’ persons who are not government competitive preference to be given to These amendments also authorized employees and who have experience in applications that include as project AIVRS projects to provide services to the operation of AIVRS programs. personnel in a substantive role, American Indians with disabilities Current Regulations: None. individuals that have been employed as living ‘‘near’’ as well as ‘‘on’’ a Proposed Regulations: We propose to a project director or VR counselor by a reservation in section 121(a). add a new subpart B to part 371, Tribal Vocational Rehabilitation unit Finally, the 1998 amendments made consisting of §§ 371.10 through 371.14, funded under this part. Proposed changes relevant to the AIVRS program to govern how the Department would § 371.14(c) would provide that, if a to subsection (6) of section 101(a) of the assess the need for, and provide training contract is awarded, it will be made in Act that address standards for facilities and technical assistance to, grantees accordance with regulations at 34 CFR and providers of services and deleted under the AIVRS program. part 75. the requirement in subsection (7) to Proposed § 371.10 would provide that Reasons: The proposed new subpart B make maximum use of public or other the Secretary reserve not less than 1.8 gives effect to the new WIOA training vocational or technical training facilities percent and not more than 2 percent of and technical assistance requirements or other appropriate community the funds appropriated to carry out the and the manner in which these resources. AIVRS program to provide training and requirements are implemented, Current Regulations: Section 371.21 technical assistance in any fiscal year, including a survey of needs and the lists the special application beginning in FY 2015, to the governing funding of activities either directly or requirements for projects funded under bodies of Indian tribes and consortia of through a peer reviewed competitive the AIVRS program. The requirements those governing bodies awarded a grant process consistent with the have not, however, been updated to under this program. Department’s practices. reflect the statutory changes made by Proposed § 371.11 would explain how the WIA 1998 amendments and the the Secretary uses the funds specified in Subpart C—How does one apply for a WIOA amendments. § 371.10 to provide training and grant? Proposed Regulations: Current technical assistance, either directly or Statute: None. § 371.21(b) already includes the through grants, contracts, or cooperative Current Regulations: Section 371.20 requirement that all decisions affecting agreements to entities that have the requires the applicant to consult with eligibility and the nature, scope and capacity to provide such training and the DSU for the State Vocational provision of vocational rehabilitation technical assistance. Any selected entity Rehabilitation program in the State or services will be made by a tribal receiving funding would provide States in which the AIVRS program is vocational rehabilitation program training and technical assistance to the providing services. through its vocational rehabilitation governing bodies of Indian tribes and Proposed Regulations: We propose to unit and will not be delegated to consortia of those governing bodies update current § 371.20 to include the another agency or individual. However, awarded a grant under this program language from current § 369.20 that we propose to update the language

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consistent with the inclusion of the term Uniform Guidance adopted by the respect for the informed choice of the ‘‘representative of the tribal vocational Department. consumers who utilize those services, rehabilitation program’’ in the statute by Proposed Regulations: We propose to are central tenets of vocational the WIOA amendments. We also add to § 371.40 regarding matching and rehabilitation. While AIVRS projects propose to update other paragraphs of § 371.41 regarding allowable costs the would have been implementing these current § 371.21 to reflect changes made references to the sections in 2 CFR 200 central requirements of the vocational by the WIA 1998 amendments to the that address these subjects. In addition, rehabilitation program, we believe it is Act. Additionally, we would revise we propose to update the language in essential to require the AIVRS projects § 371.21(j) to reflect the statutory § 371.41 regarding the ability of AIVRS funded under this program to develop requirement for the accessibility of projects to serve American Indians with and maintain written policies and facilities, and we would add § 371.21(k) disabilities located ‘‘near,’’ as well as procedures that address these issues. to require service providers to ‘‘on,’’ a reservation. Statute: Section 121(b)(1)(B) of the communicate with applicants in Reasons: These proposed changes Act requires that applicants for an language or modes of communication would make §§ 371.40 and 371.41 award under the AIVRS program they understand. Finally, we propose to consistent with the changes made to provide an assurance that the vocational delete current § 371.21(k) since the section 121(a) of the Act in 1998 by the rehabilitation services provided to provision in the statute on which it was WIA amendments and would clarify American Indians with disabilities based has been removed. that the Department has adopted the residing on or near a reservation in a Reason: We are proposing these OMB Uniform Guidance in 2 CFR part State shall be, to the maximum extent changes so that § 371.21 is consistent 200 and will apply that guidance going feasible, comparable to vocational with statutory provisions in the Act, forward instead of the EDGAR rehabilitation services provided under which have changed since the last time provisions it replaces. the State Vocational Rehabilitation Statute: Section 121(b)(1)(B) of the these regulations were amended, and to program to other individuals with Act requires that applicants for an provide for a more culturally sensitive disabilities residing in the State. award under the AIVRS program and efficient administration of the Current Regulations: Current § 369.46 provide an assurance that the vocational describes the special requirements program. rehabilitation services provided to pertaining to the protection, use, and Subpart D—How does the Secretary American Indians with disabilities release of personal information. make a grant? residing on or near a reservation in a Proposed Regulations: We propose to State shall be, to the maximum extent add a new § 371.44 that describes the Statute: Section 121(b)(1)(A) of the feasible, comparable to vocational special requirements pertaining to the Act provides that an application must rehabilitation services provided under protection, use, and release of personal be made at such time, in such manner, the State Vocational Rehabilitation information. and contain such information as the program to other individuals with Reasons: Because the Department is Commissioner may require. disabilities residing in the State. proposing to remove part 369, which Current Regulations: Section Current Regulations: Current § 371.43 currently applies to the AIVRS program, 369.32(b) provides that the Secretary describes the special conditions that we propose to incorporate the considers other factors in addition to the apply to the AIVRS program. provisions related to the protection, use, selection criteria in making awards, Proposed Regulations: We propose to and release of personal information into such as past performance of the add two additional paragraphs to part 371. However, because vocational applicant in carrying out similar § 371.43. Proposed paragraph (d) would rehabilitation services provided under activities under previously awarded describe the nature of the written the AIVRS program are required to be, grants. Specifically, the Secretary policies that the AIVRS project would to the maximum extent feasible, considers such factors as compliance have to develop in order to ensure that comparable to vocational rehabilitation with grant conditions, soundness of the provision of services is based on the services provided under the State programmatic and financial vocational rehabilitation needs of each Vocational Rehabilitation program, we management practices and attainment of individual as identified in the believe that the section in part 361 that established project objectives. individual’s IPE and is consistent with describes the special requirements Proposed Regulations: We propose to the individual’s informed choice. pertaining to the protection, use, and move current § 369.32(b) into part 371 Proposed paragraph (e) would describe release of personal information would as proposed § 371.32. the necessary elements of an AIVRS provide better guidance to the AIVRS Reasons: Because the Department is project’s policies and procedures projects. repealing part 369, we are proposing developed to ensure each individual Statute: Section 20 of the Act requires these changes to provide continuity of who is an applicant for, or eligible to all programs that provide services to practice in how the Department makes receive, vocational rehabilitation individuals with disabilities under the the awards under this program. services is afforded the opportunity to Act to advise them or their Subpart E—What conditions apply to a exercise informed choice throughout the representatives of the availability and grantee under this program? vocational rehabilitation process. purposes of the client assistance Reasons: We propose to add program under section 112, including Statute: None. paragraphs (d) and (e) to § 371.43 in information on means of seeking Current Regulations: Current order to ensure that the AIVRS projects assistance under that program. §§ 371.40 and 371.41 describe the provide vocational rehabilitation Current Regulations: Current requirements for matching and services that are comparable to those § 369.42(b) requires the AIVRS projects allowable costs, but they do not include services provided by the State and to to advise applicants or recipients of the authority to serve American Indians ensure efficient administration of the services or, as appropriate, their parents, with disabilities located ‘‘near,’’ as well projects funded under the AIVRS family members, guardians, advocates, as ‘‘on,’’ the reservation in section program. The nature and scope of the or authorized representatives, of the 121(a) added by the WIA amendments vocational rehabilitation services availability and purposes of the State’s in 1998 or any reference to the OMB provided by the AIVRS projects, and Client Assistance Program, including

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information on seeking assistance from employment and add four additional propose to add a definition of that program. priorities to address the technical ‘‘competitive integrated employment’’ Proposed Regulations: We propose to assistance and training needs of State in § 373.4. move current § 369.42(b) into a new vocational rehabilitation agencies and Reasons: The proposed change is section of part 371, proposed § 371.45. their personnel. necessary to conform part 373 to the Reasons: Because the Department is Significant Proposed Regulations changes to the Act made by WIOA. proposing to remove part 369, which currently applies to the AIVRS program, We arrange our discussion of Vocational Rehabilitation Services we propose to incorporate into part 371 proposed changes to this part by subject. Statute: The Act refers to the the provisions related to the Title provision of ‘‘vocational rehabilitation requirement to advise consumers about Statute: None. services’’ throughout title I, and section the existence and purpose of CAP and Current Regulations: The current part 7 defines the term ‘‘vocational how to contact CAP, which now 373 is called ‘‘Special Demonstration rehabilitation services.’’ Section 303 of includes as a grantee the protection and Programs.’’ the Act, however, does not refer to the advocacy system serving the American Proposed Regulations: We propose to term ‘‘vocational rehabilitation Indian Consortium. change the name of the part to services’’ but rather authorizes special ‘‘Rehabilitation National Activities demonstration programs to expand and Rehabilitation National Activities Program.’’ Program, 34 CFR Part 373 improve the provision of rehabilitation Reasons: The new name would better and other services under the Act. Background describe the activities funded under this Current Regulations: There is no program. The purpose of this program is to reference to the term ‘‘vocational provide competitive grants (including Cooperative Agreements rehabilitation services’’ in part 373. cooperative agreements) to, or enter into Statute: None. Also, part 373 includes a definition of contracts with, eligible entities to Current Regulations: Although ‘‘rehabilitation services’’ that is virtually expand and improve the provision of authorizing the awarding of grants, the identical to section 103(a) of the Act, vocational rehabilitation and other current part 373 does not specifically which details vocational rehabilitation services authorized under the Act, or to state that the Department may also services for individuals. support activities that increase the award cooperative agreements. Proposed Regulations: We propose to provision, extent, availability, scope, Proposed Regulations: We propose to amend part 373 by replacing, when and quality of rehabilitation services, amend § 373.1 to state that grants and appropriate, the term ‘‘rehabilitation including related research and cooperative agreements may be awarded services’’ with the term ‘‘vocational evaluation activities. The Department to serve the purpose of the rehabilitation services.’’ In addition, we last published regulations for this Rehabilitation National Activities propose adding a definition for the term program, on December 11, 2000 (65 FR Program authorized under the Act. ‘‘vocational rehabilitation services’’ that 77433). Reasons: The proposed change would is identical to the current definition for the term ‘‘rehabilitation services.’’ Summary of Proposed Changes clarify that the Secretary may make cooperative agreements, which are one Finally, we propose to change the These proposed regulations would type of grant, to pay all or part of the definition of the term ‘‘rehabilitation implement the changes WIOA made to costs of the activities covered under this services’’ in a manner that is broader section 303(b) of the Act. We are program. than the proposed definition for the proposing a new name for the term ‘‘vocational rehabilitation program—the Rehabilitation National Competitive Integrated Employment services.’’ Activities Program—that better Statute: Section 303 of the Act, as Reasons: These proposed changes are describes the broad nature of the types amended by WIOA, mandates that, in necessary to conform part 373 to titles of activities that may be funded under announcing competitions for the special I and III of the Act and to differentiate this authority. As appropriate, we demonstration programs, the between rehabilitation services and propose to add a definition of Commissioner shall give priority vocational rehabilitation services. These ‘‘vocational rehabilitation services’’ and consideration to initiatives focused on proposed changes would clarify that the to replace the term ‘‘rehabilitation improving transition from education to types of projects that may be funded services’’ with ‘‘vocational employment, particularly in competitive under the Rehabilitation National rehabilitation services.’’ We will retain integrated employment, for youth who Activities Program are not limited to the more general term ‘‘rehabilitation are individuals with significant vocational rehabilitation services but services’’ in instances when the services disabilities and to increasing rather may address the broader range of listed go beyond vocational competitive integrated employment for services encompassed by the term rehabilitation services. The change individuals with significant disabilities. ‘‘rehabilitation services’’ authorized by would clarify that the types of projects Section 7 of the Act now defines the title III of the Act. that may be funded under the term ‘‘competitive integrated Supported Employment Rehabilitation National Activities employment.’’ Program are not limited to vocational Current Regulations: The current part Statute: Section 303 of the Act rehabilitation services as they are 373 does not address competitive mandates that, in announcing defined in title I of the Act but rather integrated employment. competitions under this program, the may address the broader range of Proposed Regulations: We propose to Commissioner shall give priority services encompassed by the term include a provision in § 373.7 stating consideration to supported employment ‘‘rehabilitation services.’’ that the Commissioner will give priority programs. Section 7 of the Act defines Further, we propose to add two new consideration to activities on improving the term ‘‘supported employment.’’ statutory priorities pertaining to transition from education to Current Regulations: The current part transition from education to employment, including competitive 373 does not include a definition of the employment and competitive integrated integrated employment. We also term ‘‘supported employment.’’

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Proposed Regulations: We propose to preexisting statutory priority for Finally, the proposed § 373.7 would amend § 373.4 to include a definition of supported employment. also clarify that the Secretary may limit ‘‘supported employment’’ that is Reasons: The proposed change is the priorities listed in paragraphs (a) currently contained in § 361.5(b)(53). necessary to conform part 373 to the and (b) of § 373.7 to address one or more Reasons: The proposed change would new statutory priorities contained in of the factors in § 373.7(c). better assist eligible entities in WIOA. Reasons: The proposed changes are determining how to comply with any necessary to conform part 373 to the Priorities and Other Factors and requirement to address supported changes to the Act made by WIOA and Requirements for Competitions employment. Specifically, in to clarify the additional competition implementing the priority listed in Statute: Section 303 of the Act priorities and factors that the Secretary proposed § 373.7(a)(2), in which the mandates that, in announcing may apply to any competitions under term ‘‘supported employment’’ is used, competitions for grants and contracts this program. We expect that these we are proposing that the same under the special demonstration proposed changes would expand and definition of this term that is used in 34 programs, the Commissioner shall give improve the Rehabilitation National CFR part 361 be used here. priority consideration to ‘‘priority for Activities Program and further the competitions’’ under section purpose of the Act. Projects That May Be Funded 303(b)(5)(A), and may require applicants Protection and Advocacy of Individual Statute: Under section 303 of the Act, to address one or more ‘‘additional Rights Program (PAIR), 34 CFR Part projects funded under the special competitions’’ under section 381 demonstration programs may include 303(b)(5)(B). special projects and demonstrations of Current Regulations: Part 373 Background service delivery, model demonstration addresses priority projects in § 373.6 but The PAIR program is authorized projects, technical assistance projects, does not specify or differentiate among under section 509 of the Act (29 U.S.C. systems change projects, special studies ‘‘priority for competitions’’ and 794e). The purpose of the PAIR program and evaluations, and dissemination and ‘‘additional competitions.’’ is to support the protection and utilization activities. Proposed Regulations: We propose to advocacy system in each State to protect Current Regulations: Part 373 lists move the content of priorities from the the legal and human rights of these types of projects along with current § 373.6 into a new § 373.7. In individuals with disabilities who need potential project priorities in § 373.6, addition to the statutory priorities that services that are beyond the scope of the which is entitled ‘‘What are the are listed in the current § 373.6, we CAP, and who are not eligible for priorities and other factors and propose that § 373.7 include the services under the Protection and requirements for competitions?’’ following four additional priorities for Advocacy for Persons with Proposed Regulations: We propose to competitions under this program to Developmental Disabilities and the amend current § 373.6 to change the address the technical assistance and Protection and Advocacy of Individuals section title to ‘‘What types of projects training needs of State vocational with Mental Illness programs. may be funded?’’ and to include only rehabilitation agencies and their The Department last updated the the six types of projects authorized by personnel: regulations at 34 CFR part 381, which the statute under this section. § 373.7(b)(6) Technical assistance to govern the PAIR program, on March 6, Reasons: The proposed change is designated State units and their 1997 (62 FR 10404). necessary to conform part 373 to the Act personnel in working with employers to Summary of Proposed Changes identify competitive integrated and to clarify that the types of projects Both WIA and WIOA made a few employment opportunities and career that may be funded under the significant changes to section 509 of the exploration opportunities in order to Rehabilitation National Activities Act. With regard to the statutory facilitate the provision of vocational Program are not priorities for funding. changes made to section 509 by WIA, rehabilitation services and transition we propose to add the protection and Priorities for Competitions services for youth with disabilities and advocacy system serving the American Statute: Section 303(b)(5) of the Act, students with disabilities. Indian Consortium as an entity eligible as amended by WIOA, adds transition § 373.7(b)(7) Consultation, training to receive a PAIR grant. from education to employment and and technical assistance to businesses With regard to statutory changes made competitive integrated employment to that have hired or are interested in to section 509 by WIOA, we propose to supported employment as priorities for hiring individuals with disabilities. clarify that PAIR grantees have the same competitions. § 373.7(b)(8) Technical assistance and general authorities, including to access Current Regulations: Section 373.6 training to designated State units and records and program income, as the lists three statutory priorities, two of their personnel on establishment and protection and advocacy system which have been deleted by WIOA, and maintenance of education and established under the Developmental the third, pertaining to supported experience requirements, to ensure that Disabilities Assistance and Bill of Rights employment, does not contain the full the personnel have an understanding of Act of 2000. statutory language. the evolving labor force and the needs We propose to clarify that the Proposed Regulations: We propose to of individuals with disabilities. This Secretary may award funds for the amend part 373 by adding a new § 373.7 would align with the work of the provision of training and technical entitled ‘‘What are the priorities and current Job Development Training and assistance for PAIR grantees through a other factors and requirements for Technical Assistance Center. grant, contract, or cooperative competitions?’’ This proposed section § 373.7(b)(9) Technical assistance to agreement. contains the full statutory language for State vocational rehabilitation agencies the two new statutory priorities and their partners to improve their Significant Proposed Regulations pertaining to transition from education performance to meet the requirements of We organize our discussion of to employment and competitive WIOA designed to improve the numbers proposed changes by subject and integrated employment and for the and quality of employment outcomes. section.

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The Definition of ‘‘State’’ (§ 381.2) Access to Records (§ 381.10) the American Indian Consortium, Statute: Section 7(32) of the Act, as Statute: Section 509(f)(2) of the Act, established under section 102 of the amended by WIA (29 U.S.C. 705(32)), as amended by WIOA (29 U.S.C. Developmental Disabilities Assistance deleted the Republic of Palau from the 794e(f)), requires that PAIR grantees and Bill of rights Act of 2000, for any definition of the term ‘‘State.’’ As a have the same general authorities, fiscal year in which appropriations for result, ‘‘State’’ includes, in addition to including the authority to access records the PAIR program is at least $10.5 each of the several States of the United and program income, as given to the million. States, the District of Columbia, the Protection and Advocacy for Persons Current Regulations: Current § 381.22 Commonwealth of Puerto Rico, the with Developmental Disabilities does not address the funding of the United States Virgin Islands, Guam, program established under the protection and advocacy system serving American Samoa, and the Developmental Disabilities Assistance the American Indian Consortium Commonwealth of the Northern Mariana and Bill of Rights Act of 2000. because part 381 was last updated prior Islands. Section 7(32) of the Act was Current Regulations: Current to the 1998 amendments to the Act. renumbered as section 7(34) by WIOA. § 381.10(a)(2) gives that PAIR grantees Proposed Regulations: We propose to Current Regulations: Current part 381 the same general authorities, including amend § 381.22 by adding a new makes several references to the Republic to access records and program income, paragraph (a)(2) to require a minimum of Palau (i.e., current § 381.2 regarding as in part C of the Developmental grant of $50,000 to the protection and eligibility for a PAIR grant and current Disabilities Assistance and Bill of Rights advocacy system serving the American § 381.5 regarding definition of ‘‘State’’). Act of 2000. Indian Consortium when the total PAIR Proposed Regulations: We propose to Proposed Regulations: We propose to appropriation equals or exceeds $10.5 delete all references to the Republic of amend § 381.10(a)(2) to add specific million. We also propose to make Palau in part 381. reference to ‘‘title I’’ of the related changes to four other sections in Reasons: This change is necessary to Developmental Disabilities Assistance this part. implement the current statutory and Bill of Rights Act of 2000. Current § 381.2 would be amended to definition of ‘‘State,’’ which forms the Reasons: The proposed change is include the American Indian basis for determining eligibility for necessary to conform to the language of Consortium as an eligible entity for a grants under the Act. section 509, as amended by WIOA. This PAIR grant. Current § 381.3 would be amended to Public School Programs (§ 381.3) proposed change is primarily technical in nature as this authority existed prior clarify that the protection and advocacy Statute: None. to enactment of WIOA. system serving the American Indian Current Regulations: The current Consortium has the authority to provide § 381.3(a)(3) permits PAIR grantees to Training and Technical Assistance information, provide advocacy and legal provide information on, and make (§ 381.22) representation, and make referrals for referrals to, programs and services that Statute: Section 509(c)(1)(A) of the individuals with disabilities within the address the needs of individuals with Act, as amended by WIOA (29 U.S.C. American Indian Consortium when disabilities, including those individuals 794e(f)), clarifies that the training and describing the authorized activities of with disabilities who are exiting public technical assistance to PAIR grantees PAIR grantees. school programs. Current § 381.10(a)(4) may be provided by the Secretary Current § 381.5 would be amended to requires PAIR grantees to make an through a grant, cooperative agreement, incorporate references to tribal assurance to provide information on and or contract. governmental agencies in the definition make referrals to programs and services Current Regulations: Current of ‘‘advocacy.’’ that address the needs of individuals § 381.22(a)(1) establishes the set aside Current § 381.10 would be amended with disabilities, including those for training and technical assistance to to require the protection and advocacy individuals with disabilities who are eligible systems, but does not specify system serving the American Indian exiting public school programs. the allowable mechanisms for funding Consortium to submit assurances as a Proposed Regulations: We propose to the training and technical assistance PAIR grantee when applying for funding make two changes in this part. First, we since this is a new statutory as part of the application requirements. propose to amend current § 381.3(a)(3) requirement. Reasons: The proposed changes are to clarify that PAIR grantees are Proposed Regulations: We propose to necessary to implement the authorized to provide information and amend § 381.22(a)(1) to clarify the funds amendments to the Act made by WIA in referral services to individuals with for training and technical assistance 1998. Previously, this protection and disabilities exiting any school program. may be awarded as a grant, contract, or advocacy system was eligible for Second, we propose to amend cooperative agreement. funding under other components of the § 381.10(a)(4) to require PAIR grantees Reasons: The proposed changes are protection and advocacy system, to assure that they will provide necessary to conform to the changes in including the Protection and Advocacy information and referral services to the Act made by WIOA. The changes are of Persons with Developmental individuals with disabilities exiting any primarily technical, as the Secretary Disabilities and the Protection and school program. always could use these mechanisms for Advocacy of Individuals with Mental Reasons: In proposing to use the term awarding funds to provide training and Illness programs, but not under the ‘‘school,’’ rather than ‘‘public school,’’ technical assistance to PAIR grantees. PAIR program. we recognize that many more individuals with disabilities are being The American Indian Consortium Reallotment (§ 381.22) educated in both public and private (§ 381.22) Statute: Section 509(e) of the Act (29 schools and that they may need Statute: Section 509(c)(1)(B) of the U.S.C. 794e(e)) sets forth the process by information and referral services by Act, as amended by WIA (29 U.S.C. which the Secretary reallots PAIR funds PAIR grantees to enable them to 794e(c)), requires the Secretary to when a grantee cannot use all funds participate in the programming offered reserve $50,000 to make a grant to the allotted to it. This statutory provision in these settings. protection and advocacy system serving remains unchanged.

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Current Regulations: Current § 381.22 and authorized representatives, to supported employment services and addresses how the Secretary allocates develop the skills necessary to access customized employment services to funds but does not cover the reallotment the rehabilitation system and to become individuals with the most significant requirements. active decision makers in the vocational disabilities, nor is training personnel Proposed Regulations: We propose to rehabilitation process. The Department who assist individuals with disabilities add a new paragraph (d) to § 381.22 to last published regulations for this whose employment outcome is self- clarify that the Secretary may reallot program, on March 6, 1997 (62 FR employment, business ownership, or funds to other eligible systems when an 10398). telecommuting specifically mentioned. existing eligible system within the State Summary of Proposed Changes Proposed Regulations: We propose to is not able to expend its funds in that amend current § 385.1(a)(1) by adding fiscal year or the subsequent fiscal year. We propose to add supported employment and economic and supported employment and economic Reasons: While the reallotment of and business development programs to PAIR funds has been permitted under business development programs to the the list of programs that may benefit section 509 of the Act, PAIR grantees list of programs that may benefit individuals with disabilities. We also have not returned funds to the individuals with disabilities. propose to amend current § 385.1(a)(2) Department for this purpose. However, We propose to emphasize the to emphasize the importance of we believe it is important to describe importance of maintaining and maintaining and upgrading the skills the reallotment requirements in this part upgrading the skills of personnel who both of personnel who provide in the event reallotment funds become provide supported employment services supported employment services and available. and customized employment services to individuals with the most significant customized employment services to Program Income (§ 381.33) disabilities, as well as personnel individuals with the most significant Statute: Section 19 of the Act governs assisting individuals with disabilities disabilities and personnel assisting the use of program income received by whose employment outcome is self- individuals with disabilities whose grantees, including PAIR grantees, employment, business ownership, or employment outcome is self- under the Act. This statutory provision telecommuting. employment, business ownership, or remains unchanged. We propose to add a definition of telecommuting. Current Regulations: Current § 381.33 ‘‘vocational rehabilitation services’’ and Reasons: The proposed changes in the describes how a grantee may use or to replace the term ‘‘rehabilitation regulations are necessary to conform the carry over funds but it does not address services’’ with ‘‘vocational regulations to current sections 301(a) how a grantee may spend program rehabilitation services’’ as appropriate. and 302(a) of the Act. income We will retain the more general term Proposed Regulations: We propose to ‘‘rehabilitation services’’ in instances Assistive Technology Terms add a new paragraph (e) to § 381.33 that when the services listed go beyond vocational rehabilitation services. Statute: Section 302(a)(1)(H) of the defines program income, identifies its Act, as amended by WIOA, authorizes uses, permits it to be treated as either an Finally, we would add definitions of ‘‘supported employment’’ and ‘‘assistive the Rehabilitation Training program to addition or deduction to the PAIR assist eligible entities to provide award, and permits program income to technology’’ consistent with definitions in title I of the Act. rehabilitation personnel training in be carried over into the fiscal year providing assistive technology services. succeeding that in which it was earned. Significant Proposed Regulations Reasons: These proposed regulations Current Regulations: The current part are necessary to govern the use and We organize our discussion by 385 does not address ‘‘assistive treatment of program income, consistent subject. technology services’’ although the term with sections 19 and 509 of the Act. Purpose ‘‘rehabilitation technology’’ is used in Although this is not a new statutory § 385.1(a)(2), and § 385.4 includes Statute: Section 301(a) of the Act requirement, we believe it is important definitions of ‘‘assistive technology states the purpose of the programs to include these regulations into part device’’ and ‘‘assistive technology authorized under Title III of the Act and 381 since PAIR grantees frequently services.’’ describes the types of programs whose receive large sums of program income. personnel may benefit from Proposed Regulations: We propose to Rehabilitation Training Program, 34 rehabilitation training. Section 301(a)(1) add a definition of ‘‘assistive CFR Part 385 authorizes the Commissioner to make technology’’ to the definitions ‘‘assistive grants and contracts to train personnel technology device’’ and ‘‘assistive Background who work in economic and business technology services’’ already in current The Rehabilitation Training program development programs. WIOA added § 385.4. Specifically we define is designed to: (1) ensure that skilled language to section 302(a)(1)(E) ‘‘assistive technology’’ to mean personnel are available to provide specifically highlighting the need to ‘‘technology designed to be utilized in rehabilitation services to individuals train personnel in programs that provide an assistive technology device or with disabilities through vocational, supported employment and customized assistive technology service.’’ In medical, social, and psychological employment for individuals with the addition, we propose to add to the rehabilitation programs, through most significant disabilities. Section definition of ‘‘assistive technology independent living services programs, 302(a)(1)(F) describes personnel services’’ services that would expand and through client assistance programs; assisting individuals with disabilities the availability of access to technology, (2) maintain and upgrade basic skills whose employment outcome is self- including electronic and information and knowledge of personnel trained to employment, business ownership, or technology, to individuals with deliver rehabilitation services; and (3) telecommuting. disabilities. provide training and information to Current Regulations: The current part Reasons: The proposed changes are individuals with disabilities, and their 385 does not specifically address necessary to conform part 385 to the parents, families, guardians, advocates, training personnel who deliver changes to the Act made by WIOA.

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Definition of State Proposed Regulations: We propose to required documentation for a scholar Statute: The Workforce Investment amend the definitions of ‘‘supported who does not meet the service Act of 1998 deleted the Republic of employment’’ and ‘‘supported obligation. Palau from the definition of the term employment services’’ in current § 385.4 We propose to allow some scholars to ‘‘State’’ in section 7(32). As a result, to address the amendments made to the start satisfying the service obligation ‘‘State’’ includes, in addition to each of Act by WIOA. before completion of the program of the several States of the United States, Reasons: The proposed changes are study but to prohibit other scholars who the District of Columbia, the necessary to conform part 385 to do not complete the program of study Commonwealth of Puerto Rico, the changes to section 7(38) of the Act made from performing the service obligation. United States Virgin Islands, Guam, by WIOA. The fact that supported We propose to disallow internships, American Samoa, and the employment services now include practicums, or any other work-related Commonwealth of the Northern Mariana ‘‘customized employment’’ and the fact requirement necessary to complete the Islands, but it has excluded the that supported employment services educational program as qualifying Republic of Palau. may be provided for up to 24 months employment for the service obligation. Current Regulations: The current are changes that need to be reflected in Finally, we propose some changes § 385.4 includes the Republic of Palau the regulations. regarding deferrals and exceptions. For an exception based on disability, the in the definition of ‘‘State.’’ Rehabilitation Long-Term Training Proposed Regulations: We propose to scholar must have a disability either Program, 34 CFR Part 386 delete the Republic of Palau from the that did not exist at the time the scholar areas included in the definition of Background entered the program or that has worsened since the scholar entered the ‘‘State.’’ The purpose of the Rehabilitation Reasons: The change conforms the program. We are proposing that Long-Term Training program is to documentation of disability be less than definition of ‘‘State’’ to the current provide financial assistance for projects statutory definition. three months old. With regard to that provide basic or advanced training deferrals, we propose to allow for up to Vocational Rehabilitation Services leading to an academic degree or four years deferral for a member on Statute: The Act refers to ‘‘vocational certificate in one of 30 fields of study active duty in the Armed Forces, an rehabilitation services’’ throughout title and for projects that provide support for increase from the three years in current I, and section 7 defines the term medical residents enrolled in training regulations. We are proposing to restrict ‘‘vocational rehabilitation services.’’ programs in physical medicine and a deferral based on a scholar’s pursuing Current Regulations: The current part rehabilitation. The program is designed higher education only to advanced 385 does not include a definition of to provide academic training that leads education that is in the rehabilitation ‘‘vocational rehabilitation services.’’ to an academic degree or academic field. Proposed Regulations: We propose to certificate in areas of personnel amend part 385 by adding a definition shortages. The Department last Significant Proposed Regulations of ‘‘vocational rehabilitation services.’’ published regulations for this program We organize our discussion by section The proposed definition mirrors the on March 6, 1997 (62 FR 10398). number and subject. definition provided in section 7 of the Summary of Changes Section 386.1 (Purpose) Act. We also propose to replace the term ‘‘rehabilitation services’’ with We propose to add two areas to the Statute: Section 302(a)(1) of the Act ‘‘vocational rehabilitation services’’ in training areas supported by this provides examples of the types of part 385 as appropriate. We would program: (1) Assisting and supporting personnel who can be trained with retain the more general term individuals with disabilities pursuing funds under the long-term training ‘‘rehabilitation services’’ in instances self-employment, business ownership, program. Specifically, section when the services listed go beyond and telecommuting, and (2) supported 302(a)(1)(F) references the need to train vocational rehabilitation services. employment services and customized personnel assisting and supporting Reasons: The proposed changes are employment services to individuals individuals with disabilities pursuing necessary to conform part 385 to titles with the most significant disabilities. self-employment, business ownership, I and III of the Act. We are also proposing to reduce from and telecommuting. In addition, section 75 percent to 65 percent the required 302(a)(1)(E) lists the need for personnel Supported Employment percentage of the total award that specifically trained to deliver supported Statute: The changes to section 302 of grantees must spend on financial employment services and customized the Act made by WIOA include a new assistance to scholars. employment services to individuals authority in 302(a)(1) to train We propose to prohibit scholars from with the most significant disabilities. rehabilitation personnel to deliver concurrently receiving financial Current Regulations: Current supported employment services and assistance from multiple grants. § 386.1(b) lists the categories of customized employment services to We propose that the grantee must personnel who may receive training individuals with the most significant document that the scholar will seek through the Rehabilitation Long-Term disabilities. In addition, section 7(38) of employment in the field of study in Training Program but does not include the Act, as amended by WIOA, includes which the scholar was trained or where the categories in sections 302(a)(1)(E) a definition of ‘‘supported the field of study is directly relevant to and (F). employment.’’ the job functions being performed. Proposed Regulations: In the list of Current Regulations: The current part We are proposing a number of personnel who may receive training 385 does not address the provision of changes to the exit processes that will through the Rehabilitation Long-Term training for rehabilitation personnel to help scholars be more aware of the Training Program in current § 386.1(b), deliver supported employment services requirements of their service obligation. we propose to add paragraph (1) listing and customized employment services to We propose to set out the personnel assisting and supporting individuals with the most significant consequences for a grantee that has individuals with disabilities pursuing disabilities. failed to request or maintain the self-employment, business ownership,

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and telecommuting. In paragraph (3) of help to make grantees aware of the under multiple grants under this proposed § 386.1(b), we would combine statutory requirement. program would be responsible for paragraphs (2) and (30) in current service obligations for each scholarship Section 386.30 (Matching requirements) § 386.1(b) into one item on received, which could, at a minimum, rehabilitation technology. In paragraph Statute: Section 302(a)(1) states that double the scholar’s service obligation. (14) of proposed § 386.1(b), we would grants under this program pay part of This proposed provision would make combine paragraphs (13) and (29) in the costs of the projects. the grantee’s reporting on scholars clear current § 386.1(b) into one item on Current Regulations: Current § 386.30 and would also avoid confusion on the therapeutic recreation. In paragraph (17) states that the Federal share cannot be part of the scholar regarding the service of current § 386.1(b), we would clarify greater than 90 percent of the total obligation. the meaning of the specialty of project cost. Section 386.32 (Allowable Costs) ‘‘rehabilitation of individuals who are Proposed Regulations: Current blind or visually impaired’’ by § 386.30 has been reworded to state that Statute: Section 302(b)(4) allows providing two examples of the types of the grantee is required to contribute at grants to provide scholarships and personnel in this specialty area. Finally, least ten percent of the total cost of the necessary stipends and allowances. in paragraph (28) of proposed § 386.1(b), project. Current Regulations: In addition to we would include customized Reasons: Although having the same allowable costs described in the statute employment in addition to supported meaning, the proposed language more as well as in the Education Department employment. clearly states the requirement in terms General Administrative Regulations, Reasons: We are proposing these of the amount of the cost the grantee other allowable costs under the changes in § 386.1(b) to better align the must cover. We believe this affirmative Rehabilitation Long-Term Training regulations with the Act and to clarify language would lead to less confusion Program are described in § 386.32. In language in current regulations. and greater compliance with the match current regulations, these costs include requirement. student stipends, tuition and fees, and Section 386.4 (Definitions) Section 386.31 (Funding Requirements) student travel in conjunction with Statute: None. training assignments. Current Regulations: Current Statute: None. Proposed Regulations: We have § 386.4(b) defines terms that apply to Current Regulations: In § 386.31(a), clarified that allowable costs, which the Rehabilitation Long-Term Training grantees are required to expend 75 grantees may cover as part of the Program. percent of their award on financial financial assistance they provide to Proposed Regulations: We proposed assistance to scholars. scholars, may include the costs of books to clarify two terms appearing in the list Proposed Regulations: We would and supplies. in current § 386.4(b), Other definitions. reduce this 75 percent requirement and Reasons: Our policy has been to First, we would clarify that a are instead proposing in § 386.31(a) that consider ‘‘books and supplies’’ as ‘‘scholarship’’ may cover the costs of a minimum of 65 percent of the total allowable expenses to be covered with books and supplies, in addition to project cost (including both the Federal scholarship funds under this program; student stipends, tuition and fees, and grant and the cost share) must be we are simply proposing to incorporate student travel in conjunction with expended on financial assistance for this policy into the regulations. training assignments. We would also scholars. In addition, in § 386.31(c), we are proposing a new provision to clarify Section 386.33 (Disbursing clarify that the ‘‘State vocational Scholarships) rehabilitation agency’’ is the same as the that scholars may not receive concurrent designated State agency referenced in scholarships from more than one project Statute: None. current § 361.5(b)(13). under this program. Current Regulations: Current § 386.33 Reasons: With regard to the definition Reasons: Many grantees have had allows permanent residents of the of ‘‘scholarship,’’ our policy has been to problems meeting the current regulatory Republic of the Marshall Islands, the consider ‘‘books and supplies’’ as provision in § 386.31(a). Specifically, Federated States of Micronesia, the allowable expenses to be covered with we have found that requiring grantees to Republic of Palau, and the scholarship funds under this program; dedicate 75 percent of their Federal Commonwealth of the Northern Mariana we are simply incorporating this policy award and their non-Federal share to Islands to be eligible for scholarships. into the regulations. The proposed scholarships leaves very little flexibility Proposed Regulations: In changes to the definition of ‘‘State in their budgets and makes § 386.33(a)(1)(ii), we have deleted vocational rehabilitation agency’’ would administering these grants problematic. references to the Republic of the clarify the meaning of the current Therefore, we are proposing to reduce Marshall Islands, Federated States of definition. the percentage that the grantee is Micronesia, and Republic of Palau required to expend on financial (referred to as the Freely Associated Section 386.21 (Applications) assistance for scholars. This proposed States (FAS)) as areas from which Statute: Section 302(b)(2) of the Act change is also consistent with the permanent residents can qualify for describes application requirements for threshold used by the Office of Special scholarships. We have also added grantees receiving support under the Education Programs in their personnel Puerto Rico, the United States Virgin Rehabilitation Training program. preparation grants under the Individuals Islands, Guam, and American Samoa as Current Regulations: These with Disabilities Education Act (IDEA). areas from which permanent residents application requirements are not The additional provision in proposed can qualify for scholarships. contained in current regulations. § 386.31(c) is necessary because some Reasons: Because only States are Proposed Regulations: We propose to grantees have funded scholars from eligible to receive grants under title I of incorporate the application multiple grants under this program. the Act, the FAS are no longer eligible requirements in section 302(b)(2) into a While it can be difficult to ensure that to receive title I grants to carry out new § 386.21. scholarships are not duplicative, we are Rehabilitation Act programs within Reasons: Including these application also concerned that scholars who their jurisdictions. Additionally, section requirements in the regulations will receive simultaneous scholarships 302(b)(2) of the Act requires each

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applicant for a long-term training grant requirements, it is not clear whether provide scholars with certain to include a description how the State scholars may obtain employment that information upon their exit from the rehabilitation agency designated under does not directly use the skills they program and would emphasize the need title I will participate in the project and learned while pursuing a degree or for grantees to ask scholars to sign the to identify potential employers that certificate under the Rehabilitation certification acknowledging receipt of would satisfy the service obligation Long-Term Training Program. the information. We believe that the requirements for scholars. According to more that can be done to help scholars § 386.40(a)(6), these employers must be Section 386.34 (Assurances) understand their obligations, the fewer the State rehabilitation agency or have Statute: Section 302(b)(5) of the Act instances of misunderstanding will an arrangement with that agency to requires that grantees assure that each occur and the more likely it will be that provide rehabilitation services. Given scholar will enter into an agreement scholars will complete their service that the FAS are no longer eligible to with the grantee to perform the service obligations. receive grants to carry out programs obligation or repay the costs of the • Proposed § 386.34(g)(1) would under title I of the Act, there are no scholarship. assist the grantee in determining State agencies designated under title I or Current Regulations: Current § 386.34 whether or not a scholar’s employment other potential employers for the service lists the assurances that a grantee qualifies to repay the scholarship. obligation available in the FAS. Thus, wishing to provide scholarships must • Proposed § 386.34(i) would ensure there is no authority in the Act to allow provide. that the Department has sufficient permanent residents of the FAS to Proposed Regulations: We are information to properly monitor and continue to be eligible for scholarships. proposing the following: administer the grant as contemplated by FAS permanent residents, however, • In § 386.34(a) that, for each year 34 CFR 75.730–75.732, and it would would still be eligible for scholarships, after the initial payback agreement has ensure that sufficient time would be in the same manner as citizens or been signed, the grantee and scholar available to resolve any disputes about permanent residents of any other must have a signed executed agreement whether a scholar’s service obligation country, as long as they demonstrate containing the terms and conditions has been met or whether repayment that they are eligible under the outlined in the section. must be initiated. • In § 386.34(c) that the scholar be remaining provisions in § 386.33(a), i.e. Section 386.36 (Incomplete or informed annually of the total being a lawful permanent resident of the Inaccurate Information) United States or being in the United indebtedness. States with the intention of becoming a • In § 386.34(c) incorporating by Statute: None. citizen or permanent resident. reference the provisions of current Current Regulations: The current We also amend this section to include § 386.40 rather than repeating them here regulations do not plainly describe the Puerto Rico, the United States Virgin as in the current regulations. grantee’s liability for failing to provide Islands, Guam, and American Samoa as • In § 386.34(f) clarifying that the accurate and complete scholar areas from which permanent residents grantee must provide the scholar with information to the Department. may be identified as eligible for certain information related to the Proposed Regulations: We propose to scholarships. These areas are considered scholar’s payback obligation upon the add a new paragraph in § 386.36 ‘‘States’’ as that term is defined in scholar’s exiting the program and the describing the consequences for a section 7 of the Act and, as a result, are scholar must then sign a certificate grantee that has failed to request or eligible to receive grant funds under the acknowledging the receipt of such maintain the documentation required in title I of the Act to carry out vocational information. current § 386.34 for a scholar who does rehabilitation and other programs • In § 386.34(g)(1) that the grantee not meet the service obligation. authorized by the Act. obtain the name of the scholar’s Specifically, the Department would be Statute: None. supervisor, the duties the scholar will able to recover, in whole or in part, from Proposed Regulations: We propose to perform, and whether the position is the grantee the debt amount and any renumber and reorganize current full- or part-time. collection costs described in current § 386.33. Also, in proposed § 386.33(c), • In § 386.34(j) that records be §§ 386.40 and 386.43, if the Department: we would clarify that the grantee must maintained not less than one year (a) Is unable to collect, or improperly document that the scholar will seek beyond the date that all scholars collected, some or all of these amounts employment in the field of study in provided financial assistance under the or costs from a scholar, and (b) which the scholar was provided training grant have completed their service determines that the grantee failed to or employment where it can be obligation or otherwise entered into provide to the Department accurate and demonstrated that the field of study is repayment status. complete documentation described in directly relevant to the job functions Reasons: We are proposing these current §§ 386.34 and 386.40. being performed. revisions for the following reasons: Reasons: We propose to add this Reasons: The proposed requirements • Proposed § 386.34(a) and (c) would section to clarify the grantee’s that employment must be in the field of bring this information to the forefront responsibilities to report complete and study in which the training was for scholars. Requiring that such accurate information on scholars and received and where the job functions information be provided only once, at their payback obligations and to clarify must be directly relevant to the field of the beginning of the scholarship the consequences associated with study in which the training was support, has resulted in noncompliance. The authority of the received merely reflect current policy. misunderstandings and disagreements Department to recover collection costs is We believe it is advisable to clarify this about the nature of the obligations. new and may be necessary to fully practice through regulations to ensure a • Proposed § 386.34(c) would be reimburse a scholar who is eligible for consistent approach among all grantees streamlined rather than repeating a refund for any debt that has already as they inform scholars about the provisions in § 386.40 for the sake of been referred to the U.S. Treasury for requirements to carry out the service efficiency. collection. While the Department has obligation for the financial assistance • Proposed § 386.34(f) would be more always had the authority in EDGAR to they receive. Without these specific about the need for grantees to recover the debt amount, we propose

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this language to ensure that grantees are to repay the financial assistance they potentially would not receive a full more aware of this authority. receive. refund if collection costs have been • Proposed § 386.40(b)(1) would incurred by the Federal government. Section 386.40 (Requirements for implement RSA’s policy that, for multi- Making scholars who receive a refund Scholars) year courses of study, scholars who aware that collection costs could be Statute: Section 302(b)(5) of the Act have completed at least one year are their responsibility would help achieve requires a scholar to perform a service likely to have made substantial gains in better compliance by scholars in obligation or repay the cost of the their knowledge and skills such that providing complete and accurate scholarship. they would be able to provide improved information. Current Regulations: Current § 386.40 vocational rehabilitation services. RSA outlines the requirements for scholars, believes that these scholars should be Section 386.41 (Granting Deferrals and although some of the payback given the opportunity to start satisfying Exceptions) requirements are described in current the service obligation even before they Statute: Section 302(b)(5)(A)(ii) of the § 386.34(c). have completed the program of study. Act states that RSA may by regulation Proposed Regulations: We have Except for scholars who complete at provide for repayment exceptions and proposed to add the following: least one year of a multi-year program, deferrals. • § 386.40(a)(6) describing the this provision would also prohibit all Current Regulations: In current payback obligations in current scholars who do not complete the § 386.41, the provisions for obtaining an § 386.34(c) and clarifying that the program of study from being eligible to exception or deferral of the payback service obligation must be in the field of perform the service obligation. These obligation are described. study the scholar pursued or where the scholars would be responsible for Proposed Regulations: In proposed field of study is directly relevant to the repayment of the scholarship under § 386.41(a), we clarify the basis for an job functions performed. § 386.43. This provision reflects the exception based on disability. The • § 386.40(b)(1) allowing scholars longstanding policy of the Office of scholar would have to have a disability who are in multi-year programs of study Special Education Programs in its that either (1) was not diagnosed at the and who are currently employed or are personnel preparation program. time the scholar entered the program, or seeking employment to start satisfying • Proposed § 386.40(b)(2) would (2) has worsened since the scholar the service obligation after completion clearly make ineligible for the service entered the program. of at least one year of study. This obligation any employment required in We are also proposing some changes provision would also prohibit scholars order to complete the course of study. to current § 386.41(b), which are the who do not complete the program of • Proposed § 386.40(c) would ensure provisions applying to deferrals to the study from performing the service consistency among all grantees. We service obligation. In proposed obligation, except for scholars who believe this is a fair interpretation of the § 386.41(b)(1), we would restrict a complete at least one year of a multi- payback requirement, which states that deferral for a scholar engaging in a full- year program. We request specific a scholar must repay two years of time course of study at an institution of comments on this proposal. service for every one year of financial higher education to scholars who are • § 386.40(b)(2) making it clear that assistance received. This would clarify, pursuing degrees or certificates in the an internship, practicum, or any other for example, that a half-time scholar, field of rehabilitation. In proposed work-related requirement necessary to who may require four years rather than § 386.41(b)(2), we would allow for a complete the educational program the traditional two years to complete a deferral of up to four years for a scholar would not be considered qualifying master’s degree program, would not who is on active duty with the Armed employment. have to complete eight years of service Forces rather than the three years in the • § 386.40(c) clarifying that, if the for the same program that a full-time current regulations. We also propose to scholar is pursuing coursework on a scholar would only have to complete add a new § 386.41(c) to address part-time basis, the service obligation four years of service. This exceptional circumstances when a for these part-time courses would be accommodation is appropriate, deferral might reasonably be granted. based on the full-time equivalent total of particularly in light of the fact that We give as examples the care of a actual academic years of training many more scholars are part-time, and disabled spouse, partner, or child or the received. they are often non-traditional students circumstance when a scholar would • § 386.40(a)(9) requiring the scholar who have been in the workforce for a have to accompany a spouse or partner to provide all information necessary to number of years and cannot afford to who is on active duty in the Armed monitor the service obligation. drop out of employment to pursue full- Forces. • § 386.40(d) making a scholar in time study. Reasons: We do not believe repayment status responsible for any • Proposed §§ 386.40(a)(9) and exceptions should be granted simply costs assessed in the collection process 386.40(d) would require scholars to because scholars have a disability. if the scholar does not provide remain in contact with the grantee and When individuals with a disability enter information on his or her employment to provide the necessary information a program of study, there needs to be an status or if the scholar fails to provide about their repayment status. It is our expectation on their part that they will other information that the grantee hope that having such requirements in complete the service obligation. requests, even if the information is regulations would reinforce the Therefore, granting an exception purely subsequently provided. importance of these scholar on the basis of an existing disability Reasons: We are proposing these responsibilities. In particular, we are would not be warranted. However, if revisions for the following reasons: concerned that a scholar may be placed scholars are diagnosed with a disability • Proposed § 386.40(a)(6)(i) would in repayment status only because the after enrolling in the program or if a reflect current policy. We believe it is scholar failed to provide complete and disability worsens, then an exception on advisable to clarify this practice through accurate information. If accurate the basis of these circumstances might regulations to assure a consistent information is later submitted that be warranted. approach among all grantees as they allows the scholar to receive a refund of With regard to the reasons for inform scholars about the requirements debt payments made, that scholar deferral, we believe restricting a deferral

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on the basis of full-time study in the deferral or exception based on a vocational, medical, social, and field of rehabilitation is more disability. psychological rehabilitation services, appropriate than the current basis for a and who provide other services to Innovative Rehabilitation Training deferral, which is that the scholar is individuals with disabilities under the Program, 34 CFR Part 387 pursuing full-time study at an Act. institution of higher education. If the Background Current Regulations: The current scholar is pursuing a course of study This program is designed to develop § 387.1(b) states that this program is unrelated to rehabilitation, it is less new and improved methods of training designed to develop new and improved likely that he or she will then seek for rehabilitation personnel so that State methods of training for rehabilitation qualifying employment in the field of vocational rehabilitation agencies may personnel so that State vocational rehabilitation; therefore, it would make more effectively deliver rehabilitation rehabilitation agencies may more more sense for the scholar to begin the services. The Department last published effectively deliver rehabilitation financial repayment process. Increasing regulations for this program, codified in services. Current regulations do not the possible deferral period for a scholar part 387, on March 6, 1997 (62 FR address whether personnel from other who is on active duty from three to four 10398). public or non-profit rehabilitation years, as we propose in § 386.41(b)(2), service agencies or organizations may seems reasonable for a scholar who has Summary of Proposed Changes also receive the training. two two-year tours of duty. We also We are proposing a new name for this Proposed Regulations: We propose to recognize that we cannot anticipate all program—Innovative Rehabilitation amend § 387.1(b) to include personnel of the exceptional circumstances that Training—that better describes the of other public or non-profit may warrant a deferral. Therefore, in nature of activities to be funded under rehabilitation service agencies or § 386.41(c), we have added a broader this authority. organizations as recipients of the authority to grant deferrals and we We are proposing changes to training. propose a few examples of incorporate new statutory language in Reasons: The change is necessary for circumstances that might warrant such sections 301 and 302 of WIOA and to the regulation to be consistent with the a deferral. These are illustrative and are better describe the broad authority statute, which authorizes the not meant to be all-inclusive. Each available to the Department in these development of new and improved request for a deferral will be considered regulations. methods of training for rehabilitation on a case-by-case basis. We propose to clarify that the personnel including personnel from Secretary may award grants to develop Section 386.42 (Applying for Deferrals State vocational rehabilitation agencies new and improved methods of training and Exceptions) as well as from other public or non- not only for the rehabilitation personnel profit rehabilitation service agencies or Statute: None. of State vocational rehabilitation organizations. Current Regulations: Current § 386.42 agencies but also for rehabilitation describes the documentation that a personnel of other public or non-profit 21st Century Understanding scholar must provide to substantiate a rehabilitation service agencies or Statute: Section 101(a)(7) of the Act, deferral or exception. organizations. as amended by WIOA, requires that the Proposed Regulations: In Finally, we propose to address new State vocational rehabilitation agencies § 386.42(b)(1) and (3), we are proposing statutory language in section 101(a)(7) of ensure that their personnel have a 21st more specific requirements for the the Act related to rehabilitation century understanding of the evolving documentation to substantiate a deferral personnel having a 21st century labor force and the needs of individuals or an exception based on disability. This understanding of the evolving labor with disabilities. documentation would apply to a scholar force and the needs of individuals with Current Regulations: Although the who has a permanent or temporary disabilities so they can more effectively current § 387.1 states that this program disability or to the disability of a provide vocational rehabilitation is designed to develop new types of spouse, partner, or child for whom the services to individuals with disabilities. training programs and new and scholar is providing care, which would Significant Proposed Regulations improved methods of training for State require the scholar to seek a deferral. In rehabilitation agencies, it does not all of these cases, the scholar would We organize our discussion by specifically address these new statutory have to provide a letter from a physician subject. requirements. Title or other medical professional on official Statute: None. Proposed Regulations: We propose to stationery that describes the diagnosis Current Regulations: The current part amend § 387.1 to state that the program and prognosis for the disability and, in 387 is called ‘‘Experimental and is designed to develop new innovative the case of a request for an exception, Innovative Training.’’ training programs for vocational explains that the scholar cannot work Proposed Regulations: We propose to rehabilitation professionals and with accommodations. The change the name of the part to paraprofessionals to have a 21st century documentation would have to be less ‘‘Innovative Rehabilitation Training.’’ understanding of the evolving labor than three months old. Reason: The new title would better force and the needs of individuals with Reasons: It is important that any describe the activities funded under this disabilities so they can more effectively deferral or exception be carefully program. provide vocational rehabilitation documented so that the Department’s services to individuals with disabilities. decisions regarding these matters are Training for Personnel of Public or Non- Reasons: The proposed change would well-founded. We have encountered Profit Rehabilitation Service Agencies or align innovative rehabilitation training numerous instances in which the Organizations projects awarded under 34 CFR part 387 documentation provided by scholars Statute: Section 302 of the Act with the needs of the field as described was ambiguous or insufficient. To that authorizes the Commissioner to provide in WIOA. We anticipate that this change end, we propose to include greater grants and contracts to assist in training will have a positive effect on the specificity, particularly around a rehabilitation personnel who provide Comprehensive System of Personnel

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Development among State vocational public and private nonprofit hearing and individuals who are deaf- rehabilitation agencies. rehabilitation service agencies or blind. organizations whose personnel will Current Regulations: 34 CFR part 396 Rehabilitation Short-Term Training receive the training. This proposed does not address the training of Program, 34 CFR Part 390 criterion would expand and improve the interpreters for individuals who are Background Rehabilitation Short-Term Training hard of hearing. Proposed Regulations: We propose to This program is designed for the program and further the purpose of the address the training of interpreters for support of special seminars, institutes, Act. individuals who are hard of hearing, as workshops, and other short-term Training of Interpreters for Individuals relevant, throughout part 396. courses in technical matters relating to Who Are Deaf or Hard of Hearing and Reasons: This would conform part the vocational, medical, social, and Individuals Who are Deaf-Blind, 34 396 to the Act. psychological rehabilitation programs, CFR Part 396 independent living services programs, Skilled Interpreters Background and client assistance programs. The Statute: Section 302(f) of the Act uses Department last published regulations This program is designed to establish the term ‘‘qualified interpreters.’’ for this program on March 6, 1997 (62 interpreter training programs or to Current Regulations: 34 CFR part 396 FR 10398). provide financial assistance for ongoing uses the term ‘‘skilled interpreters.’’ Summary of Proposed Changes interpreter programs to train a sufficient Proposed Regulations: Proposed number of qualified interpreters to meet § 396.1 would replace the term ‘‘skilled We are proposing to add an additional the communication needs of individuals interpreters’’ with the term ‘‘qualified selection criterion for grant who are deaf or hard of hearing and interpreters.’’ competitions under this program— individuals who are deaf-blind. The Reasons: Although this change in evidence of training needs as identified Department last published regulations terminology from ‘‘skilled interpreters’’ through training needs assessment. for this program on March 6, 1997 (62 to ‘‘qualified interpreters’’ does not Significant Proposed Regulations FR 10398). convey a substantive change in meaning, this change would conform 34 Summary of Proposed Changes Statute: Section 302(b) authorizes the CFR part 396 to section 302(f) of the Commissioner to provide grants and We are proposing changes to conform Act. contracts to eligible entities to train to section 302 of the Act, which adds An Individual Who Is Deaf or Hard of rehabilitation personnel who provide individuals who are hard of hearing to Hearing rehabilitation services to individuals the individuals served by this program. with disabilities. Section 12(a)(2) We are also proposing changes to ensure Statute: Section 302(f) of the Act specifically authorizes the that the program accurately reflects the authorizes training of qualified Commissioner to provide short-term training needs of qualified interpreters interpreters to meet the communications training and technical instructions to in order to effectively meet the needs of individuals who are deaf or rehabilitation personnel. Section 12(c) communication needs of individuals hard of hearing, and individuals who authorizes the Secretary to promulgate who are deaf or hard of hearing and are deaf-blind. such regulations as are considered individuals who are deaf-blind. Current Regulations: 34 CFR part 396 appropriate to carry out the We propose to amend the definition does not contain a definition for an Commissioner’s duties under the Act. of a qualified professional in order to ‘‘individual who is hard of hearing.’’ Current Regulations: Current ensure that the highest level of Proposed Regulations: We propose to § 390.30(b) sets out selection criteria competency is incorporated into the add the following definition in that may be used by the Secretary to training of interpreters. § 396.4(c): ‘‘an individual who has a evaluate application but it does not hearing impairment such that, in order We propose to add selection criteria specifically state that the Secretary will to facilitate communication, the for the program to encourage evidence- review each application for evidence of individual depends upon visual modes, based and promising practices. the training needs of rehabilitation such as sign language, speech reading, personnel. We propose to add priorities for and gestures, or reading and writing, in Proposed Regulations: We propose to increasing the skill level of interpreters addition to any other auditory add a new paragraph (b) to current in unserved or underserved geographic information.’’ § 390.30 to state that the Secretary areas, existing programs that have Reasons: This program is to serve would review each application for demonstrated their ability to raise the individuals who are hard of hearing in evidence of training needs as identified skill level of interpreters to meet the addition to individuals who are deaf through training needs assessment highest standards approved by and individuals who are deaf-blind. We conducted by the applicant, designated certifying associations, and specialized believe it is important to propose a State agencies, designated State units, or topical training. definition of ‘‘individual who is hard of any other public or private nonprofit Significant Proposed Regulations hearing’’ to clarify for grantees what rehabilitation service agencies or population is meant by this term. We organizations that provide rehabilitation We organize our discussion by subject used the definition of ‘‘individual who services and other services authorized and section. is deaf’’ as a starting point and made under the Act and whose personnel will Changes That Affect Part 396 in Its some modifications to this definition as receive the training. Entirety appropriate. We emphasized the Reasons: The proposed change is communication needs of this Hard of Hearing necessary to ensure that the proposed population, as this program is short-term training projects address the Statute: Section 302(f) of the Act specifically meant to address the training needs of the rehabilitation authorizes the training of qualified communication needs of individuals personnel of designated State agencies interpreters to meet the needs of who are deaf, hard of hearing, or deaf- or designated State units or any other individuals who are deaf or hard of blind. We particularly encourage the

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public to comment on the rehabilitation program or any Federal, demonstrated relationships with service appropriateness of this definition in the State, or local agency; non-profit providers and consumers. context of this program. organization; or professional Proposed Regulations: We propose to corporation or practice group that amend § 396.31(a) to cover Other Definitions provides services to individuals with demonstrated relationships with State Statute: None. disabilities on behalf of a designated Vocational Rehabilitation agencies and Current Regulations: Current State agency. their related agencies and consumers. § 396.4(c) defines the term ‘‘Existing Reasons: This is the current definition Reasons: This would clarify the goal program that has demonstrated its used in part 386 and would clarify what and expectation of the program, which capacity for providing interpreter the Department means when it refers to is to meet the needs of deaf consumers training service.’’ the term ‘‘related agency.’’ Adopting of the State Vocational Rehabilitation Proposed Regulations: We propose to this definition of ‘‘related agency’’ agency and their related agencies. expand this definition to include would assure consistency between the Priorities, § 396.33 evidence-based practices in the training Rehabilitation Long-Term Training of interpreters and promising practices Program and the program for Training of Statute: Section 302(f) of the Act when evidence-based practices are not Interpreters for Individuals Who Are requires the Department, in making available. Deaf or Hard of Hearing and Individuals awards under this part, to give priority Reasons: The Department believes Who Are Deaf-Blind. to public or private nonprofit agencies that providing further context for the or organizations with existing programs expectations regarding the curricula of Subpart A—General § 396.1 that have demonstrated their capacity interpreter training programs will Statute: None. for providing interpreter training provide greater guidance to grantees and Current Regulations: Current services. the public. We also recognize that there § 396.1(a) states that grantees will Current Regulations: Current are a number of promising practices receive grant funds, in part, to train § 396.33(a) contains the statutory available, several of which were manual, tactile, oral, and cued speech priority in section 302(f). developed through grants funded by this interpreters. Proposed Regulations: We propose adding § 396.33(b), which would allow program and therefore should be Proposed Regulations: We propose to the Secretary to give priority utilized when evidence-based practices expand this description to read consideration when announcing are not available. ‘‘training interpreters to effectively Statute: None. competitions for awards in the interpret and transliterate between Current Regulations: Current following three areas: (1) Increasing the spoken language and sign language, and § 396.4(c) defines the term ‘‘Qualified skill level of interpreters for individuals to transliterate between spoken language professional’’. who are deaf or hard of hearing and and oral or tactile modes of Proposed Regulations: We propose to individuals who are deaf-blind in communication.’’ amend the definition consistent with unserved or underserved geographic Reasons: This would clarify the type the final priority published in the areas; (2) Existing programs that have of training offered by this program and Federal Register on September 1, 1999 demonstrated their capacity for ensure the training of interpreters (64 FR 48068) as follows: ‘‘to mean an providing interpreter training services accurately reflects the needs of individual who has (1) met existing that raise the skill level of interpreters individuals who are deaf or hard of certification or evaluation requirements in order to meet the highest standards hearing and individuals who are deaf- equivalent to the highest standards approved by certifying associations; and blind. approved by certifying associations; or (3) Specialized topical training based on (2) successfully demonstrated Selection Criteria, § 396.31 the communication needs of individuals interpreting skills that reflect the Statute: None. who are deaf or hard of hearing and highest standards approved by individuals who are deaf-blind. Current Regulations: Current certifying associations through prior Reasons: These priorities reflect the § 396.31(a) provides additional selection work experience.’’ types of projects that the Department criteria to evaluate an application based Reasons: We want to ensure that the intends to focus on in the future, and we upon demonstrated relationships with highest level of competency is propose them here for future use. incorporated into the training of service providers and consumers. interpreters in interpreter training Proposed Regulations: We propose to Matching Requirements, § 396.34 programs funded by RSA. Since 2000, amend this section to refer to an Statute: Section 302(f) of the Act the Department has funded national and additional factor: The curriculum for the requires the Department to pay only part regional interpreter education centers training of interpreters includes of the costs for projects under this that train qualified interpreters to meet evidence-based practices, and promising program. the competencies equivalent to the practices when evidence-based practices Current Regulations: Part 396 does not highest standards approved by are not available. contain a match requirement. certifying associations. Thus, this Reasons: The new factor would Proposed Regulations: We propose to standard has been in effect for 15 years, ensure consistency with the changes to add a new § 396.34 that would include and we propose to change the definition definitions we have proposed in a requirement that a grantee must to reflect this reality. § 396.4(c)(2) to encourage and support contribute to the cost of a project under Statute: None. the use of evidence-based and this program in an amount satisfactory Current Regulations: Current promising practices. to the Secretary. The part of the costs to § 396.4(c) does not contain a definition Statute: None. be borne by the grantee would be for the term ‘‘related agency.’’ Current Regulations: Current § 396.31 determined by the Secretary at the time Proposed Regulations: We propose to discusses additional selection criteria of the grant award. add the definition of ‘‘related agency’’ the Secretary uses to evaluate an Reasons: This would conform part from § 386.4. That section defines the application. Current § 396.31(a) 396 to the statutory provision that this term as an American Indian provides a selection criterion for program have a matching requirement.

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Proposed Changes, Regulations To Be apply to the American Indian Over time, however, the RSA’s focus Removed Vocational Rehabilitation Services has shifted away from providing We next discuss those regulations that program, under which the governing continuing education to concentrating we propose to remove. We discuss first bodies of Indian tribes, and consortia of on technical assistance and training. In the regulations for programs WIOA those governing bodies, provide VR January 2014, for example, President deauthorized, then regulations that are services for American Indians with Obama issued a memorandum to the superseded or unnecessary. disabilities. Keeping these regulations in Secretaries of Labor, Commerce, and part 369 is unnecessarily duplicative. Education directing them to take action Removal of Regulations Required by As for the special projects for VR to address job-driven training for the WIOA services and transition services, the nation’s workers. Statute: WIOA eliminated the Department has not used the regulations The memorandum instructed the following programs: The Projects with in part 369 for these projects in some Secretaries to make Federal workforce Industry program (title VI, part A of time. The regulations were superseded and training programs and policies more WIOA), The State Vocational by the more specific regulations in part focused on imparting skills with job- Rehabilitation Unit In-Service Training 373, which the Department adopted on market value, more easily accessed by program (section 441(b) of WIOA), the December 11, 2000, after the 1998 employers and job seekers, and more Migrants and Seasonal Farmworkers amendments to the Act. accountable for producing positive program, (section 441(a) of WIOA) and However, we also propose to make employment and earnings outcomes for the Recreation Programs for Individuals this removal effective on September 30, the people they serve. The with Disabilities program (section 441(a) 2016, the last day of fiscal year (FY) memorandum also set out training of WIOA). 2016, when the Department’s principles for the Departments to follow Current Regulations: The regulations administration of the last grants under and incorporate, such as promoting governing the Projects with Industry the Migrants and Seasonal Farmworkers engagement with industry, employers, program are found at part 379. The Program will be complete. employer associations, and worker regulations governing the State representatives to identify the skills and Vocational Rehabilitation Unit In- Removal of Regulations Not Required supports workers need. Service Training program are found at by WIOA As a result, in FY 2014, RSA ran a part 388. The regulations governing the Statute: None. competition to establish a job-driven vocational rehabilitation technical Migrants and Seasonal Farmworkers Current Regulations: 34 CFR part 376 assistance center that would provide program are found at § 369.1(b)(3) and governs the Special Projects and training and technical assistance to § 369.2(c). The regulations governing the Demonstrations for Providing State VR agencies to upgrade the Recreation Programs for Individuals Transitional Rehabilitation Services to knowledge and skills of the personnel with Disabilities program are found at Youth with Disabilities program. 34 CFR and providers so that they are better § 369.1(b)(5) and § 369.2(d). part 377 governs the Demonstration able to build effective partnerships with Proposed Regulations: We propose to Projects to Increase Client Choice employers and assist VR consumers in remove parts 379, 388, and 369. program. obtaining the skills needed in today’s Reasons: The removal of the Proposed Regulations: The Secretary regulations at parts 379, 388, and 369 is labor market. proposes to remove parts 376 and 377. To the extent that RSA does want to required by the Act as amended by Reasons: Parts 376 and 377 are WIOA. We propose to delay the fund continuing-education projects, part outdated. The Department has not used 389 is not necessary. RSA can do so effective date for the removal of parts these parts for more than 15 years. They 388 and 369 so that the Department can through a number of other regulations, have been superseded by the more such as part 387 (innovative complete administration of the last specific regulations in part 373, which grants under these programs. rehabilitation training programs) or part the Department adopted on December 390 (rehabilitation short-term training The Balance of Part 369 11, 2000, after the 1998 amendments to programs), and it can do so more Statute: None. the Act. flexibly, i.e. without the requirement of Current Regulations: All of part 369 Rehabilitation Continuing Education establishing regional centers. other than §§ 369.1(b)(3), (5), and (6), Programs, 34 CFR Part 389 369.2(c), (d), and (e). Executive Orders 12866 and 13563 Proposed regulations: The Secretary Statute: None. Regulatory Impact Analysis proposes to remove the balance of part Current Regulations: 34 CFR part 389 369. govern the Rehabilitation Continuing Executive Order 12866 Reasons: Beyond the Migrants and Education programs. Under Executive Order 12866, the Seasonal Farmworkers Program, Proposed Regulations: The Secretary Secretary must determine whether this Recreation Programs for Individuals proposes to remove part 389. regulatory action is ‘‘significant’’ and, with Disabilities, and the Projects With Reasons: Part 389 is duplicative and therefore, subject to the requirements of Industry Program, part 369 implements outdated. The Department adopted this the Executive order and subject to three other kinds of vocational short part on December 30, 1980 (45 FR review by the Office of Management and rehabilitation (VR) service projects: VR 86385) and amended it on September Budget (OMB). Section 3(f) of Executive service projects for American Indians 23, 1985 (50 FR 38631), May 13, 1988 Order 12866 defines a ‘‘significant with disabilities, special projects and (53 FR 17147), and March 6, 1997 (62 regulatory action’’ as an action likely to demonstrations for providing VR FR 10405). As drafted, part 389 is very result in a rule that may— services to individuals with disabilities, prescriptive. It allows the Department (1) Have an annual effect on the and special projects and demonstrations only to create and support regional economy of $100 million or more, or for providing transitional rehabilitation training centers to provide continuing adversely affect a sector of the economy, services to youth with disabilities. education and technical assistance to productivity, competition, jobs, the We propose to incorporate into part currently employed VR professionals environment, public health or safety, or 371 those regulations in part 369 that throughout the country. State, local, or tribal governments or

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communities in a material way (also We have also determined that this the Act. Therefore, if grantees were to referred to as an ‘‘economically regulatory action would not unduly receive no benefit from the training and significant’’ rule); interfere with State, local, and tribal technical assistance supported by the (2) Create serious inconsistency or governments in the exercise of their Department, grantees would experience otherwise interfere with an action taken governmental functions. a loss in benefits of $599,706. However, or planned by another agency; In accordance with both Executive since the Department will sponsor (3) Materially alter the budgetary orders, the Department has assessed the training and technical assistance impacts of entitlement grants, user fees, potential costs and benefits, both services directly for this group in the or loan programs or the rights and quantitative and qualitative, of this amount of $599,706, we expect there to obligations of recipients thereof; or regulatory action. The potential costs be no net loss of benefits. Additionally, (4) Raise novel legal or policy issues associated with this regulatory action as noted above, the efficiencies realized arising out of legal mandates, the are those resulting from statutory by this centralization of training and President’s priorities, or the principles requirements and those we have technical assistance efforts may actually stated in the Executive order. determined as necessary for result in a net increase in benefits for This proposed regulatory action is not administering the Department’s grantees. a significant regulatory action subject to programs and activities. In assessing the potential costs and benefits—both Subpart C—What are the application review by OMB under section 3(f) of requirements under this part? Executive Order 12866. quantitative and qualitative—of these Under this Subpart, we have removed We have also reviewed these proposed regulations, we have the requirement for States to seek to regulations under Executive Order determined that the benefits would incorporate into the State Plan for 13563, which supplements and justify the costs. Independent Living (SPIL) any new explicitly reaffirms the principles, Part 367—Independent Living Services methods and approaches relating to structures, and definitions governing for Older Individuals Who Are Blind independent living services for older regulatory review established in In general, unless expressly noted individuals who are blind. Executive Order 12866. To the extent below, we do not estimate that changes Incorporating this information into the permitted by law, Executive Order to this part will result in any additional SPIL required minimal time 13563 requires that an agency— costs to grantees. (approximately 15 minutes) every three (1) Propose or adopt regulations only years upon submission of the SPIL; upon a reasoned determination that Subpart B—Training and Technical therefore, any savings realized from this their benefits justify their costs Assistance change would be negligible. (recognizing that some benefits and New Subpart B of Part 367 costs are difficult to quantify); implements the WIOA amendments Subpart E—How does the Secretary (2) Tailor its regulations to impose the requiring the Department to reserve award formula grants? least burden on society, consistent with from 1.8 to 2 percent of appropriated Under Subpart E, we have clarified obtaining regulatory objectives and funds for training and technical that OIB grantees are to inform the taking into account—among other things assistance to grantees. While these set- Secretary 45 days prior to the end of the and to the extent practicable—the costs asides will result in a reduction in fiscal year that funds would be available of cumulative regulations; funding available to grantees, we believe for reallotment. We do not believe that (3) In choosing among alternative that these training and technical this requirement will generate regulatory approaches, select those assistance projects will increase the additional costs to grantees, as the approaches that maximize net benefits efficiency of the program and provide change only provides a timeline for an (including potential economic, substantial benefits to both grantees and action that is already occurring and does environmental, public health and safety, individuals with disabilities. not, therefore, generate any new burden and other advantages; distributive To ensure that grantees receive the on grantees. impacts; and equity); maximum amount of funds available for (4) To the extent feasible, specify the provision of services to individuals, Part 370—Client Assistance Program performance objectives, rather than the we would provide funding for training WIOA requires that the proposed set- behavior or manner of compliance a and technical assistance at the aside for training and technical regulated entity must adopt; and minimum allowable level of 1.8 percent. assistance for CAP take effect in any (5) Identify and assess available Prior to this proposed regulation, fiscal year in which the appropriation alternatives to direct regulation, grantees have been largely responsible equals or exceeds $14,000,000. To including economic incentives—such as for meeting the training needs of their ensure that grantees receive the user fees or marketable permits—to program staff. This may have maximum amount of funds available for encourage the desired behavior, or contributed to duplicative training and the provision of services to individuals, provide information that enables the technical assistance efforts across we would provide funding for training public to make choices. grantees that could have easily been and technical assistance at the Executive Order 13563 also requires coordinated nationally. The minimum allowable level of 1.8 percent. an agency ‘‘to use the best available coordination of these efforts by RSA In FY 2015, the appropriation for CAP techniques to quantify anticipated would generate efficiencies across the was $13,000,000, requiring a 7.7 percent present and future benefits and costs as entire program, thus providing more increase in the overall appropriation accurately as possible.’’ The Office of benefits to grantees than they would before the 1.8 percent set aside becomes Information and Regulatory Affairs of have realized if the funds had been effective. Because the set-aside is not OMB has emphasized that these directly provided to them. triggered under the statute until grantees techniques may include ‘‘identifying Based on the FY 2015 authorized realize a substantial increase in benefits changing future compliance costs that appropriation of $33,317,000 for the OIB under this program, the set-aside will might result from technological program under WIOA, the estimated set- not have a substantial impact on the innovation or anticipated behavioral aside would be $599,706, based upon activities of grantees, a $1,000,000 changes.’’ the minimum percentage established by increase in the overall appropriation

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will result in a set-aside of $252,000 previous amendments to the Act have being performed. Currently, grantees which would be used to provide allowed for the provision of training and obtain sufficient documentation of other support to grantees. Additionally, as technical assistance. requirements that we do not believe this noted above in the discussion of costs Additionally, the PAIR appropriation new requirement will represent a and benefits associated with Part 367, has been equal to, or greater than, substantial burden on grantees. we believe that the consolidation of $5,500,000 for at least 15 fiscal years (in However, if we assume that obtaining training and technical assistance FY 2015, the appropriation was this additional documentation would activities at the national level will $17,650,000). This proposed take, on average, 10 minutes per scholar, ultimately yield net benefits to grantees amendment simply provides the and using a wage rate of $17.69 (the greater than if those activities were Secretary with additional flexibility in mean hourly wage for office and coordinated locally. the funding mechanism through which administrative support staff at colleges, training and technical assistance is universities, and professional schools) Part 371—American Indian Vocational provided. and the 1,367 scholars receiving support Rehabilitation Services Program in FY 2014, we estimate this provision New Subpart B of Part 371 Part 385—Rehabilitation Training would cost $4,030.37. implements the WIOA amendments We do not anticipate any changes to requiring the Department to reserve this section resulting in increased Section 386.34 (Assurances) from 1.8 to 2 percent of appropriated burden or costs for grantees. Changes to this section require funds for training and technical grantees to annually obtain signed assistance to grantees. While these set- Part 386—Rehabilitation Long-Term executed agreements with scholars asides will result in a reduction in Training containing the terms and conditions funding available to grantees, we believe Except as detailed below, we do not outlined in this section. It has been the that these training and technical anticipate changes to this section to Department’s policy to encourage assistance projects will increase the result in increased burden or costs for annual updating of scholar information; efficiency of the program and provide grantees. these regulations simply formalize this policy. As such, we estimate that these substantial benefits to both grantees and Section 386.31 (Funding Requirement) individuals with disabilities. changes to the regulation will have little Based on the FY 2014 amount set In § 386.31 we are proposing that actual impact on grantees or scholars. aside by the Department for the AIVRS program grantees dedicate 65 percent to However, if grantees were previously program (approximately $37,201,000), scholarships rather than 75 percent as only collecting these agreements once the estimated set-aside would have been required by current regulations. This per scholar rather than every year that $669,618. As noted above, since these requirement would apply to both the support is received, there would be funds are being used to provide services federal award and the non-federal share. additional costs. Of all scholars reported and support to grantees, we do not This change acknowledges the fact that in qualifying employment in FY 2014, anticipate any net loss of benefit. grantees incur costs in administering 88.4% received support for more than However, if efficiencies are realized due these programs, particularly in terms of one year. If we assumed that this change to centralized coordination of these staff time needed to track scholar required an additional half hour of time activities, grantees may experience a net progress in completing their program of each year beyond the first year of gain in benefits. study and their service obligation. This support to update their information decrease in the cost to grantees brought with their program, and using an Part 373—Rehabilitation National about by proposed changes in § 386.31 average wage rate of $17.69, we estimate Activities Program balances some of the increased costs an additional cost of $10,641 (given that We do not anticipate any changes to created by proposed changes made in we estimate that 1,203 of the 1,367 this section resulting in increased other sections of the regulations. In FY scholars receiving support in FY 2014 burden or costs for grantees. 2014, the Department made were multi-year scholars). We approximately $17,075,000 in new or emphasize that this is an overestimate, Part 381—Protection and Advocacy for continuation awards under the as this change simply conforms the Individual Rights Program Rehabilitation Long-Term Training regulations to current practice. A proposed amendment to § 381.20 program. Assuming all grantees made Section 386.40 (Requirements for (current § 381.22) clarifies in paragraph the minimum match of 10% of the Scholars) (a)(1) that when the PAIR appropriation project cost, the reduction in the equals or exceeds $5,500,000, requiring scholarship requirement would free up In § 386.40(a)(6), we are proposing the Secretary to set aside between 1.8 approximately $1,897,000 in project language that clarifies the type of and 2.2 percent of funds for the funding to be used for activities other employment a scholar must obtain to provision of training and technical than scholarship support. While this complete the service obligation in order assistance, the funding mechanism for does not represent any additional to ensure that the funds used for the provision of training and technical funding for grantees, it does represent scholarships will benefit individuals assistance may include a grant, contract, additional flexibility provided by the with disabilities served through the or cooperative agreement. Previously, regulation. state vocational rehabilitation program while the Department had authority to and related agencies. This change provide training and technical Section 386.33 (Disbursing largely reflects current policy and assistance to grantees, we historically Scholarships) should not result in an increased burden opted to ensure that grantees receive the Changes to this section require on grantees or scholars. Changes to maximum amount of funds available for grantees to document that scholars will § 386.40(b) provides clarification around the provision of services to individuals, seek employment in the field of study when scholars may begin qualifying by funding training and technical in which the scholar was provided employment while § 386.40(c) clarifies assistance at the minimum allowable training or employment where it can be that scholars who pursued coursework level of 1.8 percent. This revision would demonstrated that the field of study is on a part-time basis should have their have no impact on PAIR grantees since directly relevant to the job functions service obligations calculated on a full-

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time equivalent basis. As noted above, the regulation simply adds this as one Regulatory Flexibility Act Certification 88.4% of the scholars completing their selection criterion among several and The Secretary certifies that these service obligations in FY 2014 received allows applicants to use needs proposed regulations would not have a support for more than one year and assessments conducted by other entities, significant economic impact on a would have been, therefore, eligible to we do not anticipate that applicants will substantial number of small entities. benefit from these changes. We estimate realize any actual increased costs that this provision, had it been in effect associated with this provision. Independent Living for Older when those scholars received support, Individuals Who Are Blind would have reduced the net service Part 396—Training of Interpreters for Individuals Who Are Deaf or Hard of There are 56 OIB grantees funded obligations by 9,049 years. Given the under section 752 of the Act, all of average annual scholarship value for Hearing and Individuals Who Are Deaf- Blind which are State agencies. States and this group of $4,287, we estimate a State agencies are not defined as ‘‘small potential savings of $38,792,902. Changes to § 396.34 require grantees entities’’ in the Regulatory Flexibility Finally, changes in § 386.40(d) make a to provide matching funds to support Act. Furthermore, the proposed scholar in repayment status responsible projects in an amount determined by the regulations would not have a significant for any collection costs if they do not Secretary at the time of the grant award. economic impact on these State or State provide appropriate information to the While this matching requirement did agencies because the proposed grantee in a timely manner. In FY 2014, not previously exist in the regulations, regulations would not impose any the Department referred 44 scholars for it was a statutory requirement and, additional substantive regulatory repayment totaling $486,471. Assuming while the Department did not require burdens or require additional Federal that collection costs total 3% of the grantees to document the match, we do supervision. balance of the repayment, we estimate not believe that any prior grantees did Client Assistance Program total collection costs of $14,594. If 5% not contribute any funds to the project, of these scholars were inappropriately either in cash or in kind. As such, we Due to the revisions to the Act referred to repayment, this additional do not believe this provision will result pursuant to WIOA, there are 57 requirement could save scholars in any increased costs for grantees. designated CAP agencies funded under $24,324 by avoiding such inappropriate section 112 of the Act, of which 19 are referrals. Clarity of the Regulations configured within a State agency and all but one remaining designated CAP Sections 386.41 (Granting Deferrals and Executive Order 12866 and the Presidential memorandum ‘‘Plain agencies are predominantly private, Exceptions) and 386.42 (Applying for nonprofit organizations. States and State Deferrals and Exceptions) Language in Government Writing’’ require each agency to write regulations agencies are not defined as ‘‘small In 386.41 and 386.42, we are that are easy to understand. entities’’ in the Regulatory Flexibility proposing stricter regulations around Act. The remaining designated CAP exceptions and deferrals, particularly The Secretary invites comments on agencies are ‘‘small entities’’ that would for individuals with disabilities, in how to make these proposed regulations be affected by these proposed order to assure that individuals who easier to understand, including answers regulations. The proposed regulations benefit from scholarships funded by this to questions such as the following: would not have a significant economic • program are more likely to complete Are the requirements in the impact on the small entities affected their service obligation. While these proposed regulations clearly stated? because the proposed regulations would changes may have impacts on the • Do the proposed regulations contain not impose any new substantive specific decisions made by scholars, technical terms or other wording that regulatory burdens or require more they will not have a financial impact on interferes with their clarity? Federal supervision than is required the costs or benefits for grantees, and • Does the format of the proposed under current regulations. will likely increase the benefits to regulations (grouping and order of Protection and Advocacy of Individual individuals with disabilities served by sections, use of headings, paragraphing, Rights Program State VR agencies and related agencies etc.) aid or reduce their clarity? by ensuring that training is aligned with • Would the proposed regulations be Due to the revisions to the Act practice and that a greater percentage of easier to understand if we divided them pursuant to WIA, there are 57 PAIR scholars complete their service into more (but shorter) sections? (A grantees funded under section 509 of obligations rather than just repaying the ‘‘section’’ is preceded by the symbol the Act, of which a majority are private, cost of their scholarships. ‘‘§ ’’ and a numbered heading; for nonprofit organizations that are considered ‘‘small entities’’ under the Part 387—Innovative Rehabilitation example, § 370.1 What is the Client Assistance Program (CAP)? Regulatory Flexibility Act. The Training Program proposed regulations would not have a • Could the description of the We do not anticipate any changes to significant economic impact on these proposed regulations in the this section resulting in increased small entities because the proposed SUPPLEMENTARY INFORMATION section of burden or costs for grantees. regulations would not impose any new this preamble be more helpful in substantive regulatory burdens or Part 390—Rehabilitation Short-Term making the proposed regulations easier require more Federal supervision than is Training Program to understand? If so, how? required under current regulations. Changes to § 390.30 adds a selection • What else could we do to make the criterion that the Secretary would proposed regulations easier to American Indian Vocational review each application for evidence of understand? Rehabilitation Services Program training needs as identified through To send any comments that concern Eligible applicants under this program training needs assessments. While how the Department could make these are the governing bodies of Indian conducting a training needs assessment proposed regulations easier to tribes, consortia of such governing prior to application may result in understand, see the instructions in the bodies, or tribal organizations increased costs for applicants, because ADDRESSES section. established and controlled by the

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governing bodies of Indian tribes, all respondents can provide the requested not change the current OMB-approved located on Federal and State data in the desired format, reporting annual burden of 336 annual burden reservations. These entities are not burden (time and financial resources) is hours with 56 respondents and annual considered ‘‘small entities’’ under the minimized, collection instruments are costs of $4,256.00. Regulatory Flexibility Act. clearly understood, and the Department Sections 370.20 and 370.44, CAP Special Demonstration Programs can properly assess the impact of collection requirements on respondents. Regulations proposed under these Eligible entities are State vocational The following sections contain rehabilitation agencies, community sections do not cause substantive information collection requirements: changes to the active and OMB- rehabilitation programs, Indian tribes or • Sections 367.23, 367.30, and 367.31 approved data collections under 1820– tribal organizations, public or non-profit of the Independent Living Services for 0520 and 1820–0528. These proposed agencies and organizations, institutions Older Individuals Who Are Blind (OIB) of higher education, and certain for- program; requirements minimally change the profit organizations. States, State • Sections 370.20 and 370.44 of the current OMB-approved annual burden agencies, Indian tribes, and tribal Client Assistance Program (CAP); of 9 hours to 9.16 hours due to the organizations are not ‘‘small entities’’ • Section 373.21 of the Rehabilitation addition of one respondent to the under the Regulatory Flexibility Act. National Activities program; current 56 respondents. The current The community rehabilitation programs, • Sections 381.10 and 381.32 of the annual costs of $441.00 would increase public or non-profit agencies and Protection and Advocacy of Individual to an estimated $449.00 under 1820– organizations, institutions of higher Rights (PAIR) program; 0520. For the OMB-approved data education, and certain for-profit • Sections 385.20 and 385.45 of the collection under 1820–0528, these organizations are considered ‘‘small Rehabilitation Training program; proposed requirements minimally entities.’’ The proposed regulations • Sections 386.21 and 386.36 of the change the annual burden hours from would not have a significant economic Rehabilitation Long-Term Training 896 hours with 56 respondents and impact on a significant number of these program; annual costs of $4,616.00 to 912 burden small entities because the proposed • Section 387.3 of the Innovative hours with 57 respondents and annual regulations would not impose any new Rehabilitation Training program; costs of approximately $4,698.00. substantive regulatory burdens or • Section 390.3 of the Rehabilitation require more Federal supervision than is Short-Term Training program; and Section 373.21 of the Rehabilitation required under the current regulations. • Section 396.20 of the Training of National Activities Program Interpreters for Individuals Who Are Vocational Rehabilitation Training Deaf or Hard of Hearing and Individuals Regulations proposed under this Programs Who Are Deaf-Blind program. section do not cause substantive For all rehabilitation programs other These sections do not cause changes to the active and OMB- than training of interpreters for substantive changes to the information approved data collections under 1820– individuals who are deaf, hard of collection requirements listed below. 0018. These proposed requirements do hearing, and deaf-blind, eligible entities Under the PRA the Department has not change the current OMB-approved are States, public or nonprofit agencies, submitted a copy of these sections to annual burden of 4,000 annual burden Indian tribes, and institutions of higher OMB for its review. hours with 100 respondents and annual education. For this latter program, A Federal agency may not conduct or costs of $1,120.00. eligible entities are public and private sponsor a collection of information Sections 381.10 and 381.32, PAIR non-profit agencies and organizations unless OMB approves the collection and institutions of higher education. under the PRA and the corresponding Regulations proposed under this States and Indian tribes are not ‘‘small information collection instrument section do not cause substantive entities’’ under the Regulatory displays a currently valid OMB control changes to the active and OMB- Flexibility Act. The public or nonprofit number. Notwithstanding any other approved data collections under 1820– agencies and institutions of higher provision of law, no person is required 0625 and 1820–0627. These proposed education are considered ‘‘small to comply with, or is subject to penalty requirements do not change the current entities.’’ The proposed regulations for failure to comply with, a collection OMB-approved annual burden of 9 would not have a significant economic of information if the collection hours with 57 respondents and annual impact on a significant number of these instrument does not display a currently costs of $228.00 under 1820–0625. small entities because the proposed valid OMB control number. These proposed requirements do not regulations would not impose any new In the final regulations we will change the current OMB-approved substantive regulatory burdens or display the OMB control numbers annual burden of 912 hours with 57 require more Federal supervision than is (1820–0608 and 1820–0660 (OIB), 1820– respondents and annual costs of required under the current regulations. 0520 and 1820–0528 (CAP), 1820–0625 $4,240.00 under 1820–0627. and 1820–0627 (PAIR), 1820–0018 (all Paperwork Reduction Act of 1995 other programs) and 1820–0617 Sections 385.20 and 385.45 of the As part of its continuing effort to (Rehabilitation Long-Term Training)) Rehabilitation Training Program reduce paperwork and respondent assigned by OMB to any information burden, the Department provides the collection requirement in this NPRM Regulations proposed under this general public and Federal agencies and adopted in the final regulations. section do not cause substantive with an opportunity to comment on changes to the active and OMB- proposed and continuing collections of Sections 367.23, 367.30 and 367.31, OIB approved data collections under 1820– information in accordance with the Regulations proposed under this 0018. These proposed requirements do Paperwork Reduction Act of 1995 (PRA) section do not cause substantive not change the current OMB-approved (44 U.S.C. 3506(c)(2)(A)). This helps changes to the active and OMB- annual burden of 4,000 annual burden ensure that: The public understands the approved data collection under 1820– hours with 100 respondents and annual Department’s collection instructions, 0608. These proposed requirements do costs of $1,120.00.

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Sections 386.21 and 386.36 of the Tribes currently receiving grants under on the distribution of power and Rehabilitation Long-Term Training the AIVRS program regarding their responsibilities among the various Program training and technical assistance needs levels of government. The proposed Regulations proposed under this in order to determine priorities for the regulations in this document may have section do not cause substantive training and technical assistance federalism implications. We encourage changes to the active and OMB- provider. State and local elected officials to approved data collections under 1820– The Department has amended the review and provide comments on these 0018 and 1820–0617. These proposed current information collection package proposed regulations. requirements do not change the current (OMB 1820–0655) that was approved by Accessible Format: Individuals with OMB-approved annual burden of 4,000 OMB through September 30, 2017. This disabilities can obtain this document in annual burden hours with 100 amendment requires governing bodies an accessible format (e.g., braille, large respondents and annual costs of of existing 121 AIVRS projects to print, audiotape, or compact disc) on $1,120.00 under 1820–0018. These respond to a questionnaire that lists 41 request to the person listed under FOR proposed requirements do not change potential topics. Grantees are required FURTHER INFORMATION CONTACT. the current OMB-approved annual to identify up to 10 topics they consider Electronic Access to This Document: burden of 350 hours with 350 to be essential to improving their overall The official version of this document is respondents and annual costs of performance. These responses are the document published in the Federal $17,500.00 under 1820–0617. analyzed by RSA Project Officers and Register. Free Internet access to the shared with the provider for use in official edition of the Federal Register Section 387.3 of the Innovative developing its training and technical and the Code of Federal Regulations is Rehabilitation Training Program assistance program. We estimate that it available via the Federal Digital System Regulations proposed under this will take each program less than 10 at: www.gpo.gov/fdsys. At this site you section do not cause substantive minutes to complete this questionnaire. can view this document, as well as all changes to the active and OMB- We believe these amendments to the other documents of this Department approved data collections under 1820– previous information data collection published in the Federal Register, in 0018. These proposed requirements do package places a negligible burden on text or Adobe Portable Document not change the current OMB-approved the AIVRS grantees, and such burden is Format (PDF). To use PDF you must annual burden of 4,000 annual burden offset by the anticipated benefit of have Adobe Acrobat Reader, which is hours with 100 respondents and annual having properly targeted training and available free at the site. costs of $1,120.00. technical assistance made available to You may also access documents of the the projects. Section 390.3 of the Rehabilitation Department published in the Federal Short-Term Training Program Intergovernmental Review Register by using the article search feature at: www.federalregister.gov. Regulations proposed under this These programs are subject to Specifically, through the advanced section do not cause substantive Executive Order 12372 and the search feature at this site, you can limit changes to the active and OMB- regulations in 34 CFR part 79. One of your search to documents published by approved data collections under 1820– the objectives of the Executive order is the Department. 0018. These proposed requirements do to foster an intergovernmental not change the current OMB-approved partnership and a strengthened (Catalog of Federal Domestic Assistance annual burden of 4,000 annual burden federalism. The Executive order relies Numbers: 84.240A Protection and Advocacy of Individual Rights; 84.161A Client hours with 100 respondents and annual on processes developed by State and Assistance Program; 84.177B Independent costs of $1,120.00. local governments for coordination and Living Services for Older Individuals Who Section 396.20 of the Training of review of proposed Federal financial Are Blind; 84.250J American Indian Interpreters for Individuals Who Are assistance. Vocational Rehabilitation Services; 84.128G This document provides early Vocational Rehabilitation Service Projects for Deaf or Hard of Hearing and Individuals notification of our specific plans and Migratory Agricultural Workers and Seasonal Who Are Deaf-Blind Program actions for these programs. Farmworkers with Disabilities Program; Regulations proposed under this 84.234 Projects With Industry; 84.128J section do not cause substantive Assessment of Educational Impact Recreational Programs; and 84.265 State changes to the active and OMB- In accordance with section 411 of the Vocational Rehabilitation Services Unit In approved data collections under 1820– General Education Provisions Act, 20 Service Training) 0018. These proposed requirements do U.S.C. 1221e–4, the Secretary List of Subjects not change the current OMB-approved particularly requests comments on annual burden of 4,000 annual burden whether these proposed regulations 34 CFR Part 367 hours with 100 respondents and annual would require transmission of Aged, Blind, Grant programs- costs of $1,120.00. information that any other agency or education, Grant programs-social authority of the United States gathers or programs, Reporting and recordkeeping Section 371.13 of the American Indian makes available. requirements, Vocational rehabilitation. Vocational Rehabilitation Services Program Federalism 34 CFR Part 369 Finally, for the American Indian Executive Order 13132 requires us to Grant programs-social programs, Vocational Rehabilitation Services ensure meaningful and timely input by Reporting and recordkeeping program, section 423(c) of WIOA State and local elected officials in the requirements, Vocational rehabilitation. requires that between 1.8–2 percent of development of regulatory policies that funds appropriated for this program be have federalism implications. 34 CFR Part 370 reserved to provide training and ‘‘Federalism implications’’ means Administrative practice and technical assistance to AIVRS grantees substantial direct effects on the States, procedure, Grant programs-social and that the Commissioner conduct a on the relationship between the programs, Reporting and recordkeeping survey of the governing bodies of Indian National Government and the States, or requirements, Vocational rehabilitation.

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34 CFR Part 371 Dated: March 6, 2015. 367.62 What requirements apply if the Arne Duncan, State’s non-Federal share is in cash? Grant programs-Indians, Grant 367.63 What requirements apply if the Secretary of Education. programs-social programs, Indians, State’s non-Federal share is in kind? For the reasons discussed in the Vocational rehabilitation. 367.64 What is the prohibition against a preamble, under the authority of section State’s condition of an award of a sub- 34 CFR Part 373 503(f) of the Workforce Innovation and award or contract based on cash or in- Opportunity Act (WIOA) (Pub. L. 113– kind contributions? Grant programs-education, Vocational 128) and section 12(c) of the 367.65 What is program income and how rehabilitation. Rehabilitation Act of 1973, as amended may it be used? 34 CFR Part 376 by WIOA (29 U.S.C. 709(c)), the 367.66 What requirements apply to the Secretary of Education proposes to obligation of Federal funds and program Grant programs-social programs, amend chapter III of title 34 of the Code income? 367.67 What notice must be given about the Reporting and recordkeeping of Federal Regulations as follows: requirements, Vocational rehabilitation, Client Assistance Program (CAP)? ■ 1. Part 367 is revised to read as 367.68 What are the special requirements Youth. follows: pertaining to the protection, use, and 34 CFR Part 377 release of personal information? PART 367—INDEPENDENT LIVING 367.69 What access to records must be Grant programs-social programs, SERVICES FOR OLDER INDIVIDUALS provided? Reporting and recordkeeping WHO ARE BLIND 367.70 What records must be maintained? requirements, Vocational rehabilitation. Authority: Sections 751–753 of the Subpart A—General 34 CFR Part 379 Rehabilitation Act of 1973, as amended; 29 Sec. U.S.C. 796j–796l, unless otherwise noted. Business and industry, Grant 367.1 What is the Independent Living programs-social programs, Reporting Services for Older Individuals Who Are Subpart A—General Blind program? and recordkeeping requirements, 367.2 Who is eligible for an award? § 367.1 What is the Independent Living Vocational rehabilitation. 367.3 What activities may the Secretary Services for Older Individuals Who Are Blind program? 34 CFR Part 381 fund? 367.4 What regulations apply? This program supports projects that— Grant programs-social programs, 367.5 What definitions apply? (a) Provide any of the independent Reporting and recordkeeping Subpart B—Training and Technical living (IL) services to older individuals requirements, Vocational rehabilitation. Assistance who are blind that are described in § 367.3(b); 34 CFR Part 385 367.20 What are the requirements for funding training and technical assistance (b) Conduct activities that will Grant programs-education, Reporting under this chapter? improve or expand services for these and recordkeeping requirements, 367.21 How does the Secretary use these individuals; and Vocational rehabilitation. funds to provide training and technical (c) Conduct activities to help improve assistance? public understanding of the problems of 34 CFR Part 386 367.22 How does the Secretary make an these individuals. award? (Authority: Section 752 of the Rehabilitation Grant programs-education, Reporting 367.23 How does the Secretary determine Act of 1973, as amended; 29 U.S.C. 796k(a) and recordkeeping requirements, funding priorities? and (d)) Vocational rehabilitation. 367.24 How does the Secretary evaluate an application? 34 CFR Part 387 § 367.2 Who is eligible for an award? Subpart C—What Are the Application Any designated State agency (DSA) is Grant programs-education, Reporting Requirements Under this Part? eligible for an award under this program and recordkeeping requirements, 367.30 How does a designated State agency if the DSA— Vocational rehabilitation. (DSA) apply for an award? (a) Is authorized to provide 34 CFR Part 388 367.31 What assurances must a DSA rehabilitation services to individuals include in its application? who are blind; and Grant programs-education, Reporting Subpart D—How Does the Secretary Award (b) Submits to and obtains approval and recordkeeping requirements, Discretionary Grants? from the Secretary of an application that meets the requirements of section 752(h) Vocational rehabilitation. 367.40 Under what circumstances does the of the Act and §§ 367.30–367.31. 34 CFR Part 389 Secretary award discretionary grants to States? (Authority: Section 752(a)(2) and 752(h) of Grant programs-education, Reporting 367.41 How does the Secretary evaluate an the Rehabilitation Act of 1973, as amended; and recordkeeping requirements, application for a discretionary grant? 29 U.S.C. 796k(a)(2) and (h)) Vocational rehabilitation. Subpart E—How Does the Secretary Award § 367.3 What activities may the Secretary 34 CFR Part 390 Formula Grants? fund? 367.50 Under what circumstances does the (a) The DSA may use funds awarded Grant programs-education, Reporting Secretary award formula grants to States? under this part for the activities and recordkeeping requirements, 367.51 How are allotments made? described in § 367.1 and paragraph (b) Vocational rehabilitation. 367.52 How does the Secretary reallot funds of this section. under this program? 34 CFR Part 396 (b) For purposes of § 367.1(a), IL Subpart F—What Conditions Must be Met services for older individuals who are Education of individuals with After an Award? blind include— disabilities, Grant programs-education, 367.60 When may a DSA make subawards (1) Services to help correct blindness, Individuals with disabilities, Reporting or contracts? such as— and recordkeeping requirements. 367.61 What matching requirements apply? (i) Outreach services;

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(ii) Visual screening; Principles, and Audit Requirements for as the sole State agency authorized to (iii) Surgical or therapeutic treatment Federal Awards), as adopted at 2 CFR provide rehabilitation services to to prevent, correct, or modify disabling part 3474. individuals who are blind. eye conditions; and (b) The regulations in this part 367. (6) Independent living services for (iv) Hospitalization related to these (Authority: Sections 12(c) and 752 of the older individuals who are blind means services; Rehabilitation Act of 1973, as amended; 29 those services listed in § 367.3(b). (2) The provision of eyeglasses and U.S.C. 709(c) and 796k) (7) Legally authorized advocate or other visual aids; representative means an individual who (3) The provision of services and § 367.5 What definitions apply? is authorized under State law to act or equipment to assist an older individual (a) The definitions of terms used in advocate on behalf of another who is blind to become more mobile this part that are included in the individual. Under certain and more self-sufficient; regulations identified in § 367.4 as circumstances, State law permits only (4) Mobility training, Braille applying to this program. an attorney, legal guardian, or instruction, and other services and (b) In addition, the following individual with a power of attorney to equipment to help an older individual definitions also apply to this part: act or advocate on behalf of another who is blind adjust to blindness; (1) Act means the Rehabilitation Act, individual. In other circumstances, State (5) Guide services, reader services, as amended by WIOA. law may permit other individuals to act and transportation; (2) Advocacy means pleading an or advocate on behalf of another (6) Any other appropriate service individual’s cause or speaking or individual. designed to assist an older individual writing in support of an individual. To (8) Minority group means Alaskan who is blind in coping with daily living the extent permitted by State law or the Natives, American Indians, Asian activities, including supportive services rules of the agency before which an Americans, Blacks (African Americans), and rehabilitation teaching services; individual is appearing, a non-lawyer Hispanic Americans, Native Hawaiians, (7) IL skills training, information and may engage in advocacy on behalf of and Pacific Islanders. referral services, peer counseling, another individual. Advocacy may— (9) Older individual who is blind individual advocacy training, (i) Involve representing an means an individual age fifty-five or facilitating the transition from nursing individual— older whose severe visual impairment homes and other institutions to home (A) Before private entities or makes competitive employment and community-based residences with organizations, government agencies extremely difficult to obtain but for the requisite supports and services, and (whether State, local, or Federal), or in whom IL goals are feasible. providing assistance to older a court of law (whether State or (10) Other IL services include: individuals who are blind who are at Federal); or (i) Counseling services, including risk of entering institutions so that the (B) In negotiations or mediation, in psychological, psychotherapeutic, and individuals may remain in the formal or informal administrative related services; community; and proceedings before government agencies (ii) Services related to securing (8) Other IL services, as defined in (whether State, local, or Federal), or in housing or shelter, including services § 367.5. legal proceedings in a court of law; and related to community group living, that (Authority: Section 752(d) and (e) of the (ii) Be on behalf of— are supportive of the purposes of the Rehabilitation Act of 1973, as amended; 29 (A) A single individual, in which case Act, and adaptive housing services, U.S.C. 796k (d) and (e)) it is individual advocacy; including appropriate accommodations (B) A group or class of individuals, in to and modifications of any space used § 367.4 What regulations apply? which case it is systems (or systemic) to serve, or to be occupied by, older The following regulations apply to the advocacy; or individuals who are blind; Independent Living Services for Older (C) Oneself, in which case it is self (iii) Rehabilitation technology; Individuals Who Are Blind program: advocacy. (iv) Services and training for older (a) The Education Department General (3) Attendant care means a personal individuals who are blind who also Administrative Regulations (EDGAR) as assistance service provided to an have cognitive and sensory disabilities, follows: individual with significant disabilities including life skills training and (1) 34 CFR part 75 (Direct Grant in performing a variety of tasks required interpreter; Programs), with respect to grants under to meet essential personal needs in areas (v) Personal assistance services, subpart B and D. such as bathing, communicating, including attendant care and the (2) 34 CFR part 76 (State- cooking, dressing, eating, homemaking, training of personnel providing these Administered Programs), with respect to toileting, and transportation. services; grants under subpart E. (4) Contract means a legal instrument (vi) Surveys, directories, and other (3) 34 CFR part 77 (Definitions That by which RSA in subpart B or the DSA activities to identify appropriate Apply to Department Regulations). receiving a grant under this part housing, recreation opportunities, and (4) 34 CFR part 79 (Intergovernmental purchases property or services needed accessible transportation, and other Review of Department of Education to carry out the program under this Part. support services; Programs and Activities). The term as used in this part does not (vii) Consumer information programs (5) 34 CFR part 81 (General Education include a legal instrument, even if RSA on rehabilitation and IL services Provisions Act—Enforcement). or the DSA considers it a contract, when available under the Act, especially for (6) 34 CFR part 82 (New Restrictions the substance of the transaction meets minorities and other older individuals on Lobbying). the definition of a Federal award or who are blind who have traditionally (7) 2 CFR part 180 (OMB Guidelines subaward. been unserved or underserved by to Agencies on Debarment and programs under the Act; Suspension (Nonprocurement)), as (Authority: 20 U.S.C. 1221e–3) (viii) Education and training adopted at 2 CFR part 3485. (5) Designated State Agency means necessary for living in a community and (8) 2 CFR part 200 (Uniform the agency described in section participating in community activities; Administrative Requirements, Cost 101(a)(2)(A)(i) of the Rehabilitation Act (ix) Supported living;

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(x) Transportation, including referral addition to each of the several States of appropriated and made available to and assistance for transportation; the United States, the District of carry out this chapter to provide (xi) Physical rehabilitation; Columbia, the Commonwealth of Puerto training and technical assistance to (xii) Therapeutic treatment; Rico, the United States Virgin Islands, DSAs, or other providers of independent (xiii) Provision of needed prostheses Guam, American Samoa, the living services for older individuals who and other appliances and devices; Commonwealth of the Northern Mariana are blind, that are funded under this (xiv) Individual and group social and Islands. chapter for such fiscal year. recreational services; (17) Subaward a grant or a (xv) Services under other Federal, (Authority: Section 751A(a) of the cooperative agreement provided by the Rehabilitation Act of 1973, as amended; 29 State, or local programs designed to DSA to a subrecipient for the U.S.C. 796j–1(a)) provide resources, training, counseling, subrecipient to carry out part of the or other assistance of substantial benefit Federal award received by the DSA § 367.21 How does the Secretary use these in enhancing the independence, funds to provide training and technical under this part. It does not include assistance? productivity, and quality of life of older payments to a contractor or payments to (a) The Secretary uses these funds to individuals who are blind; an individual that is a beneficiary of a (xvi) Appropriate preventive services provide training and technical program funded under this part. A to decrease the need of older assistance, either directly or through subaward may be provided through any individuals who are blind who are grants, contracts, or cooperative form of legal agreement, including an assisted under the Act for similar agreements with entities that have the agreement that the DSA considers a services in the future; capacity to provide technical assistance contract. (xvii) Community awareness and training in the provision of programs to enhance the understanding (Authority: 20 U.S.C. 1221e–3) independent living services for older and integration into society of older (18) Subrecipient a non-Federal entity individuals who are blind. individuals who are blind; and that receives a subaward from the DSA (b) An entity receiving assistance in (xviii) Any other services that may be to carry out all or part of the program accordance with paragraph (a) of this necessary to improve the ability of an funded under this part; but does not section shall provide training and older individual who is blind to include an individual that is a technical assistance to DSAs or other function, continue functioning, or move beneficiary of such program. A service providers to assist them in toward functioning independently in subrecipient may also be a recipient of improving the operation and the family or community or to continue other Federal awards directly from a performance of programs and services in employment and that are not Federal awarding agency. for older individuals who are blind inconsistent with any other provisions resulting in their enhanced of the Act. (Authority: 20 U.S.C. 1221e–3) independence and self-sufficiency. (11) Peer relationships mean (19) Transportation means travel and (Authority: Section 751A(a) and (c) of the relationships involving mutual support related expenses that are necessary to Rehabilitation Act of 1973, as amended; 29 and assistance among individuals with enable an older individual who is blind U.S.C. 796j–1(a) and (c)) significant disabilities who are actively to benefit from another IL service and pursuing IL goals. travel and related expenses for an § 367.22 How does the Secretary make an award? (12) Peer role models means attendant or aide if the services of that individuals with significant disabilities attendant or aide are necessary to enable (a) To be eligible to receive a grant or whose achievements can serve as a an older individual who is blind to enter into a contract or cooperative positive example for other older benefit from that IL service. agreement under section 751A of the individuals who are blind. (20) Unserved and underserved Act and this subpart, an applicant shall (13) Personal assistance services groups or populations, with respect to submit an application to the Secretary means a range of IL services, provided groups or populations of older containing a proposal to provide by one or more persons, designed to individuals who are blind in a State, training and technical assistance to assist an older individual who is blind include, but are not limited to, groups DSAs or other service providers of IL to perform daily living activities on or or populations of older individuals who services to older individuals who are off the job that the individual would are blind who— blind and any additional information at typically perform if the individual was (i) Have cognitive and sensory the time and in the manner that the not blind. These IL services must be impairments; Secretary may require. designed to increase the individual’s (ii) Are members of racial and ethnic (b) The Secretary shall provide for control in life and ability to perform minority groups; peer review of applications by panels everyday activities on or off the job. (iii) Live in rural areas; or that include persons who are not (14) Service provider means— (iv) Have been identified by the DSA Federal or State government employees (i) the DSA that directly provides as unserved or underserved. and who have experience in the services authorized under § 367.3; or provision of services to older (Authority: Unless otherwise noted, Section (ii) any other entity that receives a individuals who are blind. subaward or contract from the DSA to 7 of the Rehabilitation Act of 1973, as amended; 29 U.S.C. 705) (Authority: Section 751A(a) and (c) of the provide services authorized under Rehabilitation Act of 1973, as amended; 29 § 367.3. Subpart B—Training and Technical U.S.C. 796j–1(a) and (c)) (15) Significant disability means a Assistance severe physical, mental, cognitive, or § 367.23 How does the Secretary sensory impairment that substantially § 367.20 What are the requirements for determine funding priorities? limits an individual’s ability to function funding training and technical assistance The Secretary shall conduct a survey independently in the family or under this chapter? of DSAs that receive grants under community or to obtain, maintain, or For any fiscal year, beginning with section 752 regarding training and advance in employment. fiscal year 2015, the Secretary shall first technical assistance needs in order to (16) State means, except where reserve not less than 1.8 percent and not inform funding priorities for such otherwise specified in the Act, in more than 2 percent of funds training and technical assistance.

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(Authority: Section 751A(b) of the Secretary determines necessary for the accordance with section 752(b) of the Rehabilitation Act of 1973, as amended; 29 proper and efficient administration of Act and EDGAR regulations at 34 CFR U.S.C. 796j–1(b)) this program, including— part 75 (Direct Grant Programs). § 367.24 How does the Secretary evaluate (1) The number and types of older (b) The Secretary awards an application? individuals who are blind, including noncompetitive continuation grants for (a) The Secretary evaluates each older individuals who are blind from a multi-year project to pay for the costs application for a grant, cooperative minority backgrounds, and are receiving of activities for which a grant was agreement or contract under this subpart services; awarded under this part—as long as the on the basis of the selection criteria (2) The types of services provided and grantee satisfies the applicable chosen from the general selection the number of older individuals who are requirements in this part, the terms of criteria found in EDGAR regulations at blind and are receiving each type of the grant, and 34 CFR 75.250 through 34 CFR 75.210. service; 75.253 (Approval of Multi-year (b) If the Secretary uses a contract to (3) The sources and amounts of Projects). award funds under this subpart, the funding for the operation of each project (c) Subparts A, C, D, and F of this part application process will be conducted or program; govern the award of competitive grants and the subsequent award will be made (4) The amounts and percentages of under this part. in accordance with 34 CFR part 75. resources committed to each type of (Authority: Section 752(b) of the service provided; (Authority: Section 751A of the Rehabilitation Act of 1973, as amended; 29 (5) Data on actions taken to employ, U.S.C. 796k(b); 20 U.S.C. 1221e–3 and 3474) Rehabilitation Act of 1973, as amended; 29 and advance in employment, U.S.C. 796j–1(b), 20 U.S.C. 1221e–3, and § 367.41 How does the Secretary evaluate 3474) qualified— (i) Individuals with significant an application for a discretionary grant? Subpart C—What Are the Application disabilities; and (a) The Secretary evaluates an Requirements Under This Part? (ii) Older individuals with significant application for a discretionary grant disabilities who are blind; based on the selection criteria chosen § 367.30 How does a designated State (6) A comparison, if appropriate, of from the general selection criteria found agency (DSA) apply for an award? prior year activities with the activities of in EDGAR regulations at 34 CFR 75.210. To receive a grant under section the most recent year; and (b) In addition to the selection 752(h) or a reallotment grant under (7) Any new methods and approaches criteria, the Secretary considers the section 752(i)(4) of the Act, a DSA must relating to IL services for older geographic distribution of projects in submit to and obtain approval from the individuals who are blind that are making an award. Secretary of an application for developed by projects funded under this (Authority: Section 752(b) of the assistance under this program at the part; Rehabilitation Act of 1973, as amended; 29 time, in the form and manner, and (d) The DSA will— U.S.C. 796k(b); 20 U.S.C. 1221e–3 and 3474) containing the agreements, assurances, (1) Provide services that contribute to and information, that the Secretary the maintenance of, or the increased Subpart E—How Does the Secretary determines to be necessary to carry out independence of, older individuals who Award Formula Grants? this program. are blind; and § 367.50 Under what circumstances does (Approved by the Office of (2) Engage in— Management and Budget under control the Secretary award formula grants to (i) Capacity-building activities, States? number 1820–0660) including collaboration with other (a) In the case of a fiscal year for (Authority: Sections 752(h) and (i)(4) of the agencies and organizations; (ii) Activities to promote community which the amount appropriated under Rehabilitation Act of 1973, as amended; 29 section 753 of the Act is equal to or U.S.C. 796k(h) and (i)) awareness, involvement, and assistance; and greater than $13,000,000, grants under § 367.31 What assurances must a DSA (iii) Outreach efforts; and this part are made to States from include in its application? (e) The applicant has been designated allotments under section 752(c)(2) of the An application for a grant under by the State as the sole State agency Act. section 752(h) or a reallotment grant authorized to provide rehabilitation (b) Subparts A, C, E, and F of this part under section 752(i)(4) of the Act must services to individuals who are blind. govern the award of formula grants contain an assurance that— (Approved by the Office of under this part. (a) Grant funds will be expended only Management and Budget under control (Authority: Section 752(c) of the for the purposes described in § 367.1; numbers 1820–0660 and 1820–0608) Rehabilitation Act of 1973, as amended; 29 (b) With respect to the costs of the U.S.C. 796k(c)) program to be carried out by the State (Authority: Section 752(h) of the pursuant to this part, the State will Rehabilitation Act of 1973, as amended; 29 § 367.51 How are allotments made? make available, directly or through U.S.C. 796k(h)) (a) For purposes of making grants donations from public or private Subpart D—How Does the Secretary under section 752(c) of the Act and this entities, non-Federal contributions Award Discretionary Grants? subpart, the Secretary makes an toward these costs in an amount that is allotment to each State in an amount not less than $1 for each $9 of Federal § 367.40 Under what circumstances does determined in accordance with section funds provided in the grant; the Secretary award discretionary grants to 752(i) of the Act. (c) At the end of each fiscal year, the States? (b) The Secretary makes a grant to a DSA will prepare and submit to the (a) In the case of a fiscal year for DSA in the amount of the allotment to Secretary a report, with respect to each which the amount appropriated under the State under section 752(i) of the Act project or program the DSA operates or section 753 of the Act is less than if the DSA submits to and obtains administers under this part, whether $13,000,000, the Secretary awards approval from the Secretary of an directly or through a grant or contract, discretionary grants under this part on application for assistance under this that contains, information that the a competitive basis to States in program that meets the requirements of

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section 752(h) of the Act and §§ 367.30 (a) Subawards to public or private (d) For purposes of this section, a and 367.31. nonprofit agencies or organizations; or donor may be a private agency, a profit- (Approved by the Office of (b) Contracts with individuals, making or nonprofit organization, or an Management and Budget under control entities, or organizations that are not individual. number 1820–0660) public or private nonprofit agencies or (Authority: Section 752(f) of the (Authority: Section 752(c)(2) of the organizations. Rehabilitation Act of 1973, as amended; 29 Rehabilitation Act of 1973, as amended; 29 (Authority: Sections 752(g) and (h) of the U.S.C. 796k(f)) U.S.C. 796k(c)(2)) Rehabilitation Act of 1973, as amended; 29 § 367.63 What requirements apply if the § 367.52 How does the Secretary reallot U.S.C. 796k(g) and (h)(2)(A)) State’s non-Federal share is in kind? funds under this program? § 367.61 What matching requirements In-kind contributions may be— (a) From the amounts specified in apply? (a) Used to meet the matching paragraph (b) of this section, the Non-Federal contributions required requirement under section 752(f) of the Secretary may make reallotment grants by § 367.31(b) must meet the Act if the in-kind contributions meet the to States, as determined by the requirements in 2 CFR 200.306 (Cost requirements and are allowable under 2 Secretary, whose population of older sharing or matching). CFR 200.306; and individuals who are blind has a (b) Made to the program or project by (Authority: Section 752(f) of the substantial need for the services the State or by a third party (i.e., an specified in section 752(d) of the Act Rehabilitation Act of 1973, as amended; 29 U.S.C. 796k(f)) individual, entity, or organization, and § 367.3(b), relative to the whether local, public, private, for profit, populations in other States of older § 367.62 What requirements apply if the or nonprofit), including a third party individuals who are blind. State’s non-Federal share is in cash? that is a subrecipient or contractor that (b) The amounts referred to in (a) Expenditures that meet the non- is receiving or will receive assistance paragraph (a) of this section are any Federal share requirements of 2 CFR under section 752(g) of the amounts that are not paid to States 200.306 may be used to meet the non- Rehabilitation Act. under section 752(c)(2) of the Act and Federal share matching requirement. § 367.51 as a result of— (Authority: Section 752(f) and (g) of the (1) The failure of a DSA to prepare, Expenditures used as non-Federal share Rehabilitation Act of 1973, as amended; 29 submit, and receive approval of an must also meet the following U.S.C. 796k(f) and (g)) application under section 752(h) of the requirements: (1) The expenditures are made with § 367.64 What is the prohibition against a Act and in accordance with §§ 367.30 State’s condition of an award of a subaward and 367.31; or funds made available by appropriation or contract based on cash or in-kind (2) Information received by the directly to the DSA or with funds made contributions? available by allotment or transfer from Secretary from the DSA that the DSA (a) A State may not condition the any other unit of State or local does not intend to expend the full making of a subaward or contract under government; amount of the State’s allotment under section 752(g) of the Act on the section 752(c) of the Act and this (2) The expenditures are made with requirement that the applicant for the subpart. cash contributions from a donor that are subaward or contract make a cash or in- (c) A reallotment grant to a State deposited in the account of the DSA in kind contribution of any particular under paragraph (a) of this section is accordance with State law for amount or value to the State. subject to the same conditions as grants expenditure by, and at the sole (b) An individual, entity, or made under section 752(a) of the Act discretion of, the DSA for activities organization that is a subrecipient or and this part. authorized by § 367.3; or contractor of the State, may not (d) Any funds made available to a (3) The expenditures are made with condition the award of a subcontract on State for any fiscal year pursuant to this cash contributions from a donor that are the requirement that the applicant for section are regarded as an increase in earmarked for meeting the State’s share the subcontract make a cash or in-kind the allotment of the State under § 367.51 for activities listed in § 367.3; contribution of any particular amount or for that fiscal year only. (b) Cash contributions are permissible value to the State or to the subrecipient (e) A state that does not intend to under paragraph (a)(3) of this section or contractor of the State. expend the full amount of its allotment only if the cash contributions are not must notify RSA at least 45 days prior used for expenditures that benefit or (Authority: Section 752(f) and (g) of the to the end of the fiscal year that its Rehabilitation Act of 1973, as amended; 29 will benefit in any way the donor, an U.S.C. 796k(f) and (g)) grant, or a portion of it, is available for individual to whom the donor is related reallotment. by blood or marriage or with whom the § 367.65 What is program income and how (Approved by the Office of donor has a close personal relationship, may it be used? Management and Budget under control or an individual, entity, or organization (a) Definition. Program income means number 1820–0660) with whom the donor shares a financial gross income earned by the grantee, (Authority: Section 752(i)(4) of the interest. subrecipient, or contractor that is Rehabilitation Act of 1973, as amended; 29 (c) The receipt of a subaward or directly generated by a supported U.S.C. 796k(i)(4)) contract under section 752(g) of the Act activity or earned as a result of the Subpart F—What Conditions Must Be from the DSA is not considered a benefit grant, subaward, or contract. Met After an Award? to the donor of a cash contribution for (1) Program income received through purposes of paragraph (b) of this section the transfer of Social Security § 367.60 When may a DSA make if the subaward or contract was awarded Administration program income from subawards or contracts? under the State’s regular competitive the State Vocational Rehabilitation A DSA may operate or administer the procedures. The State may not exempt Services program (Title I) in accordance program or projects under this part to the awarding of the subaward or with 34 CFR 361.63(c)(2) will be treated carry out the purposes specified in contract from its regular competitive as program income received under this § 367.1, either directly or through— procedures. part.

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(2) [Reserved] (Authority: Section 20 of the Rehabilitation service provider may be used only for (b) Use of program income. (1) Act of 1973, as amended; 29 U.S.C. 717) the purposes directly connected with Program income, whenever earned, § 367.68 What are the special the provision of services under this part must be used for the provision of requirements pertaining to the protection, and the administration of the program services authorized under § 367.3. use, and release of personal information? under which services are provided (2) A service provider is authorized to (a) General provisions. The DSA and under this part. Information containing treat program income as— all other service providers under this identifiable personal information may (i) A deduction from total allowable not be shared with advisory or other part shall adopt and implement policies costs charged to a Federal grant, in bodies that do not have official and procedures to safeguard the accordance with 2 CFR 200.307(e)(1); or responsibility for the provision of confidentiality of all personal (ii) An addition to the grant funds to services under this part or the information, including photographs and be used for additional allowable administration of the program under lists of names. These policies and program expenditures, in accordance which services are provided under this procedures must assure that— with 2 CFR 200.307(e)(2). part. In the provision of services under (1) Specific safeguards protect current (3) Program income may not be used this part or the administration of the and stored personal information; to meet the non-Federal share program under which services are (2) All applicants for, or recipients of, requirement under § 367.31(b). provided under this part, the service services under this part and, as provider may obtain personal (Authority: 20 U.S.C. 3474) appropriate, those individuals’ legally information from other service authorized representatives, service § 367.66 What requirements apply to the providers and cooperating agencies providers, cooperating agencies, and obligation of Federal funds and program under assurances that the information income? interested persons are informed of the may not be further divulged, except as confidentiality of personal information (a) Except as provided in paragraph provided under paragraphs (c), (d), and and the conditions for gaining access to (b) of this section, any Federal funds, (e) of this section. including reallotted funds, that are and releasing this information; (c) Release to recipients of services appropriated for a fiscal year to carry (3) All applicants or their legally under this part. out a program under this part that are authorized representatives are informed (1) Except as provided in paragraphs not obligated or expended by the DSA about the service provider’s need to (c)(2) and (c)(3) of this section, if prior to the beginning of the succeeding collect personal information and the requested in writing by a recipient of fiscal year, and any program income policies governing its use, including— services under this part, the service received during a fiscal year that is not (i) Identification of the authority provider shall release all information in obligated or expended by the DSA prior under which information is collected; that individual’s record of services to to the beginning of the succeeding fiscal (ii) Explanation of the principal the individual or the individual’s legally year in which the program income was purposes for which the service provider authorized representative in a timely received, remain available for obligation intends to use or release the manner. and expenditure by the DSA during that information; (2) Medical, psychological, or other succeeding fiscal year. (iii) Explanation of whether providing information that the service provider (b) Federal funds appropriated for a requested information to the service determines may be harmful to the fiscal year under this part remain provider is mandatory or voluntary and individual may not be released directly available for obligation in the the effects to the individual of not to the individual, but must be provided succeeding fiscal year only to the extent providing requested information; through a qualified medical or that the DSA complied with its (iv) Identification of those situations psychological professional or the matching requirement by obligating, in in which the service provider requires individual’s legally authorized accordance with 34 CFR 76.707, the or does not require informed written representative. non-Federal share in the fiscal year for consent of the individual or his or her (3) If personal information has been which the funds were appropriated. legally authorized representative before obtained from another agency or (c) Program income is considered information may be released; and organization, it may be released only by, earned in the fiscal year in which it is (v) Identification of other agencies to or under the conditions established by, received. Program income earned during which information is routinely released; the other agency or organization. the fiscal year must be disbursed during (4) Persons who are unable to (d) Release for audit, evaluation, and the time in which new obligations may communicate in English or who rely on research. Personal information may be be incurred to carry out the work alternative modes of communication released to an organization, agency, or authorized under the award, and prior must be provided an explanation of individual engaged in audit, evaluation, to requesting additional cash payments service provider policies and or research activities only for purposes in accordance with 2 CFR 200.305(b)(5). procedures affecting personal directly connected with the information through methods that can (Authority: 20 U.S.C. 3474) administration of a program under this be adequately understood by them; part, or for purposes that would § 367.67 What notice must be given about (5) At least the same protections are significantly improve the quality of life the Client Assistance Program (CAP)? provided to individuals served under for individuals served under this part The DSA and all other service this part as provided by State laws and and only if the organization, agency, or providers under this part shall use regulations; and individual assures that— formats that are accessible to notify (6) Access to records is governed by (1) The information will be used only individuals seeking or receiving services rules established by the service provider for the purposes for which it is being under this part about— and any fees charged for copies of provided; (a) The availability of CAP authorized records are reasonable and cover only (2) The information will be released by section 112 of the Act; extraordinary costs of duplication or only to persons officially connected (b) The purposes of the services making extensive searches. with the audit, evaluation, or research; provided under the CAP; and (b) Service provider use. All personal (3) The information will not be (c) How to contact the CAP. information in the possession of the released to the involved individual;

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(4) The information will be managed photographs, and records of evaluation Subpart C—What are the Requirements for in a manner to safeguard confidentiality; included in those individual case Requesting a Grant? and records or files or consumer service 370.20 What must be included in a request (5) The final product will not reveal records. for a grant? any personally identifying information (Authority: 20 U.S.C. 1221e–3) Subpart D—How Does the Secretary without the informed written consent of Allocate and Reallocate Funds to a State? the involved individual or the § 367.70 What records must be 370.30 How does the Secretary allocate individual’s legally authorized maintained? funds? representative. The DSA and all other service 370.31 How does the Secretary reallocate (e) Release to other programs or providers shall maintain— funds? authorities. (1) Upon receiving the informed (a) Records that fully disclose and Subpart E—What Post-Award Conditions written consent of the individual or, if document— Must Be Met by a Designated Agency? appropriate, the individual’s legally (1) The amount and disposition by the 370.40 What are allowable costs? authorized representative, the service recipient of that financial assistance; 370.41 What conflict of interest provision provider may release personal applies to employees of a designated (2) The total cost of the project or agency? information to another agency or undertaking in connection with which organization for the latter’s program 370.42 What access must the CAP be the financial assistance is given or used; afforded to policymaking and purposes only to the extent that the (3) The amount of that portion of the administrative personnel? information may be released to the cost of the project or undertaking 370.43 What requirement applies to the use involved individual and only to the supplied by other sources; and of mediation procedures? extent that the other agency or 370.44 What reporting requirement applies organization demonstrates that the (4) Compliance with the requirements to each designated agency? information requested is necessary for of this part; and 370.45 What limitation applies to the the proper administration of its (b) Other records that the Secretary pursuit of legal remedies? program. determines to be appropriate to facilitate 370.46 What consultation requirement (2) Medical or psychological an effective audit. applies to a Governor of a State? information may be released pursuant to 370.47 What is program income and how (Authority: 20 U.S.C. 1221e–3) may it be used? paragraph (e)(1) of this section if the 370.48 When must grant funds and program other agency or organization assures the PART 369 [Removed and Reserved] income be obligated? service provider that the information 370.49 What are the special requirements will be used only for the purpose for ■ 2. Part 369 is removed and reserved. pertaining to the protection, use, and which it is being provided and will not ■ 3. Part 370 is revised to read as release of personal information? be further released to the individual. follows: Authority: Section 112 of the (3) The service provider shall release Rehabilitation Act of 1973, as amended; 29 personal information if required by PART 370—CLIENT ASSISTANCE U.S.C. 732, unless otherwise noted. Federal laws or regulations. PROGRAM (4) The service provider shall release Subpart A—General Subpart A—General personal information in response to § 370.1 What is the Client Assistance investigations in connection with law Sec. Program (CAP)? enforcement, fraud, or abuse, unless 370.1 What is the Client Assistance expressly prohibited by Federal or State Program (CAP)? The purpose of this program is to laws or regulations, and in response to 370.2 Who is eligible for an award? establish and carry out CAPs that— judicial order. 370.3 Who is eligible for services and (a) Advise and inform clients and (5) The service provider also may information under the CAP? client-applicants of all services and 370.4 What kinds of activities may the release personal information to protect Secretary fund? benefits available to them through the individual or others if the individual 370.5 What regulations apply? programs authorized under the poses a threat to his or her safety or to 370.6 What definitions apply? Rehabilitation Act of 1973, as amended the safety of others. 370.7 What shall the designated agency do (Act), including activities carried out (Authority: 20 U.S.C. 3474) to make its services accessible? under sections 113 and 511; Subpart B—What Requirements Apply to (b) Assist and advocate for clients and § 367.69 What access to records must be Redesignation? client-applicants in their relationships provided? 370.10 When do the requirements for with projects, programs, and community For the purpose of conducting audits, redesignation apply? rehabilitation programs providing examinations, and compliance reviews, 370.11 What requirements apply to a notice services under the Act; and the DSA and all other service providers of proposed redesignation? shall provide access to the Secretary and 370.12 How does a designated agency (c) Inform individuals with the Comptroller General, or any of their preserve its right to appeal a disabilities in the State, especially duly authorized representatives, to— redesignation? individuals with disabilities who have (a) The records maintained under this 370.13 What are the requirements for a traditionally been unserved or part decision to redesignate? underserved by vocational rehabilitation (b) Any other books, documents, 370.14 How does a designated agency programs, of the services and benefits papers, and records of the recipients appeal a written decision to redesignate? available to them under the Act and that are pertinent to the financial 370.15 What must the Governor of a State under title I of the Americans with do upon receipt of a copy of a designated Disabilities Act of 1990 (ADA) (42 assistance received under this part; and agency’s written appeal to the Secretary? (c) All individual case records or files 370.16 How does the Secretary review an U.S.C. 12111 et seq.). or consumer service records of appeal of a redesignation? (Authority: Section 112(a) of the individuals served under this part, 370.17 When does a redesignation become Rehabilitation Act of 1973, as amended; 29 including names, addresses, effective? U.S.C. 732(a))

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§ 370.2 Who is eligible for an award? (ii) The regulations at 2 CFR part 200 client applicant to pursue, legal, (a)(1) Any State, through its Governor, applicable to the designated agency administrative, and other available and the protection and advocacy system identified in paragraph (b) or the remedies, if necessary— serving the American Indian protection and advocacy system serving (i) To ensure the protection of the Consortium, is eligible for an award the American Indian Consortium, as rights of a client or client applicant under this part if the State or eligible described in paragraph (a) of this under the Act; and protection and advocacy system section; and (ii) To facilitate access by individuals submits, and receives approval of, an (3) The direct day-to-day supervision with disabilities, including students and application in accordance with § 370.20. of the CAP services being carried out by youth with disabilities who are making (2) For purposes of this part, the the contractor. This day-to-day the transition from school programs, to terms-– supervision must include the direct services funded under the Act; and (i) ‘‘American Indian Consortium’’ has supervision of the individuals who are (4) Providing information to the the meaning given the term in section employed or used by the contractor to public concerning the CAP. 102 of the Developmental Disabilities provide CAP services. (b) In providing assistance and advocacy services under this part with Assistance and Bill of Rights Act of (Authority: Sections 12(c) and 112(a), 2000 (DD Act) (42 U.S.C. 15002); and (c)(1)(A), and (e)(1)(E) of the Rehabilitation respect to services under title I of the (ii) ‘‘Protection and advocacy system’’ Act of 1973, as amended; 29 U.S.C. 709(c) Act, a designated agency may provide means a protection and advocacy and 732(a), (c)(1)(A), and (e)(1)(E)) assistance and advocacy services to a system established under subtitle C of client or client applicant to facilitate the § 370.3 Who is eligible for services and individual’s employment, including title I of the DD Act (42 U.S.C. 15041 et information under the CAP? seq.). assistance and advocacy services with (a) Any client or client applicant is (b) Notwithstanding the protection respect to the individual’s claims under eligible for the services described in and advocacy system serving the title I of the ADA, if those claims under § 370.4. title I of the ADA are directly related to American Indian Consortium, the (b) Any individual with a disability is Governor of each State shall designate a services under title I of the Act that the eligible to receive information on the individual is receiving or seeking. public or private agency to conduct the services and benefits available to State’s CAP under this part. individuals with disabilities under the (Authority: Sections 12(c) and 112(a) of the Rehabilitation Act of 1973, as amended; 29 (c) Except as provided in paragraph Act and title I of the ADA. (d) of this section, the Governor shall U.S.C. 709(c) and 732(a)) (Authority: Section 112(a) of the designate an agency that is independent § 370.5 What regulations apply? of any agency that provides treatment, Rehabilitation Act of 1973, as amended; 29 U.S.C. 732(a)) The following regulations apply to the services, or rehabilitation to individuals expenditure of funds and the under the Act. § 370.4 What kinds of activities may the administration of the program under (d) The Governor may, in the initial Secretary fund? this part: designation, designate an agency that (a) Funds made available under this (a) The Education Department General provides treatment, services, or part must be used for activities Administrative Regulations (EDGAR) as rehabilitation to individuals with consistent with the purposes of this follows: disabilities under the Act if, at any time program, including— (1) 34 CFR part 75 (Direct Grant before February 22, 1984, there was an (1) Advising and informing clients, Programs) for purposes of an award agency in the State that both— client-applicants, and individuals with made under § 370.30(d)(1) when the (1) Was a grantee under section 112 of disabilities in the State, especially CAP appropriation equals or exceeds the Act by serving as a client assistance individuals with disabilities who have $14,000,000. agency and directly carrying out a CAP; traditionally been unserved or (2) 34 CFR part 76 (State- and underserved by vocational rehabilitation Administered Programs) applies to the (2) Was, at the same time, a grantee programs, of— State and, if the designated agency is a under any other provision of the Act. (i) All services and benefits available State or local government agency, to the (e) An agency designated by the to them through programs authorized designated agency, except for— Governor of a State to conduct the under the Act; and (i) Section 76.103; State’s CAP or the protection and (ii) Their rights in connection with (ii) Sections 76.125 through 76.137; advocacy system serving the American those services and benefits; (iii) Sections 76.300 through 76.401; Indian Consortium under this part may (2) Informing individuals with (iv) Section 76.708; not make a subaward to or enter into a disabilities in the State, especially (v) Section 76.734; and contract with an agency that provides individuals with disabilities who have (vi) Section 76.740. services under this Act either to carry traditionally been unserved or (3) 34 CFR part 77 (Definitions That out the CAP or to provide services underserved by vocational rehabilitation Apply to Department Regulations). under the CAP. programs, of the services and benefits (4) 34 CFR part 79 (Intergovernmental (f) A designated agency, including the available to them under title I of the Review of Department of Education protection and advocacy system serving ADA; Programs and Activities). the American Indian Consortium, that (3) Upon the request of the client or (5) 34 CFR part 81 (General Education contracts to provide CAP services with client applicant, assisting and Provisions Act-Enforcement) applies to another entity or individual remains advocating on behalf of the client or both the State and the designated responsible for— client applicant in his or her agency, whether or not the designated (1) The conduct of a CAP that meets relationship with projects, programs, agency is the actual recipient of the CAP all of the requirements of this part; and community rehabilitation programs grant. As the entity that eventually, if (2) Ensuring that the entity or that provide services under the Act by not directly, receives the CAP grant individual expends CAP funds in engaging in individual or systemic funds, the designated agency is accordance with— advocacy and pursuing, or assisting and considered a recipient for purposes of (i) The regulations in this part; and advocating on behalf of the client or Part 81.

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(6) 34 CFR part 82 (New Restrictions individuals filed in a Federal or State described in § 370.4 in formats that are on Lobbying). court that meets the requirements for a accessible to clients or client-applicants (b) Other regulations as follows: ‘‘class action’’ under Federal or State who seek or receive CAP services. (1) 2 CFR part 180 (OMB Guidelines law. ‘‘Systems (or systemic) advocacy’’ (Authority: Section 12(c) of the to Agencies on Debarment and that does not include filing a formal Rehabilitation Act of 1973, as amended; 29 Suspension (Nonprocurement)), as class action in a Federal or State court U.S.C. 709(c)) adopted at 2 CFR part 3485. is not considered a class action for (2) 2 CFR part 200 (Uniform Subpart B—What Requirements Apply to purposes of this part. Redesignation? Administrative Requirements, Cost Client or client applicant means an Principles, and Audit Requirements for individual receiving or seeking services § 370.10 When do the requirements for Federal Awards), as adopted at 2 CFR under the Act, respectively. redesignation apply? part 3474. Designated agency means the agency (a) The Governor shall redesignate the (c) The regulations in this part 370. designated by the Governor under designated agency for carrying out the Note to § 370.5: Any funds made § 370.2 or the protection and advocacy CAP to an agency that is independent of available to a State under this program system serving the American Indian any agency that provides treatment, that are transferred by a State to a Consortium that is conducting a CAP services, or rehabilitation to individuals designated agency do not make a under this part. under the Act if, after August 7, 1998— subaward as that term is defined in 2 Mediation means the act or process of (1) The designated State agency CFR 200.330. The designated agency is using an independent third party to act undergoes any change in the not, therefore, in these circumstances a as a mediator, intermediary, or organizational structure of the agency subrecipient, as that term is defined in conciliator to settle differences or that results in one or more new State 2 CFR 200.330. disputes between persons or parties. agencies or departments, or results in (Authority: Sections 12(c) and 112 of the The third party who acts as a mediator, the merger with one or more other State Rehabilitation Act, as amended; 29 U.S.C. intermediary, or conciliator may not be agencies or departments, and 709(c) and 732) any entity or individual who is (2) The designated State agency § 370.6 What definitions apply? connected in any way with the eligible contains an office or unit conducting the CAP. (a) Definitions in EDGAR at 34 CFR system or the agency, entity, or individual with whom the individual (3) For purposes of paragraph (a) of part 77. this section, the designated State agency (b) Definitions in 2 CFR part 200, with a disability has a dispute. has the meaning given to that term at 34 subpart A. Mediation may involve the use of (c) Other definitions. The following professional mediators or any other CFR 361.5(c)(12) and described at 34 definitions also apply to this part: independent third party mutually CFR 361.13. Act means the Rehabilitation Act of agreed to by the parties to the dispute. (b) The Governor may not redesignate 1973, as amended. Protection and Advocacy System has the agency designated pursuant to Advocacy means pleading an the meaning set forth at § 370.2(a). section 112(c) of the Act and § 370.2(b) individual’s cause or speaking or Services under the Act means without good cause and without writing in support of an individual. vocational rehabilitation, independent complying with the requirements of Advocacy may be formal, as in the case living, supported employment, and §§ 370.10 through 370.17. of a lawyer representing an individual other similar rehabilitation services (c) For purposes of §§ 370.10 through in a court of law or in formal provided under the Act. For purposes of 370.17, a ‘‘redesignation of’’ or ‘‘to administrative proceedings before the CAP, the term ‘‘services under the redesignate’’ a designated agency means government agencies (whether tribal, Act’’ does not include activities carried any change in or transfer of the State, local, or Federal). Advocacy also out under the protection and advocacy designation of an agency previously may be informal, as in the case of a program authorized by section 509 of designated by the Governor to conduct lawyer or non-lawyer representing an the Act (i.e., the Protection and the State’s CAP to a new or different individual in negotiations, mediation, or Advocacy of Individual Rights (PAIR) agency, unit, or organization, informal administrative proceedings program, 34 CFR part 381). including— before government agencies (whether State means, in addition to each of the (1) A decision by a designated agency tribal, State, local, or Federal), or as in several States of the United States, the to cancel its existing contract with the case of a lawyer or non-lawyer District of Columbia, the another entity with which it has representing an individual’s cause Commonwealth of Puerto Rico, The previously contracted to carry out and before private entities or organizations, United States Virgin Islands, Guam, operate all or part of its responsibilities or government agencies (whether tribal, American Samoa, and the under the CAP (including providing State, local, or Federal). Advocacy may Commonwealth of the Northern Mariana advisory, assistance, or advocacy be on behalf of— Islands, except for purposes of the services to eligible clients and client- (1) A single individual, in which case allotments under § 370.30, in which applicants); or it is individual advocacy; case ‘‘State’’ does not mean or include (2) A decision by a designated agency (2) More than one individual or a Guam, American Samoa, the United not to renew its existing contract with group of individuals, in which case it is States Virgin Islands, and the another entity with which it has systems (or systemic) advocacy, but Commonwealth of the Northern Mariana previously contracted. Therefore, an systems or systemic advocacy, for the Islands. agency that is carrying out a State’s CAP under a contract with a designated purposes of this part, may not include (Authority: Sections 7(34), 12(c), and 112 of class actions, or the Rehabilitation Act of 1973, as amended; agency is considered a designated (3) Oneself, in which case it is self 29 U.S.C. 705(34), 709(c), and 732) agency for purposes of §§ 370.10 advocacy. through 370.17. American Indian Consortium means § 370.7 What shall the designated agency (d) For purposes of paragraph (b) of that entity described in § 370.2(a). do to make its services accessible? this section, a designated agency that Class action means a formal legal suit The designated agency shall provide, does not renew a contract for CAP on behalf of a group or class of as appropriate, the CAP services services because it is following State

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procurement laws that require contracts redesignation must be conducted in an (Authority: Sections 12(c) and 112(c)(1)(B) of to be awarded through a competitive accessible format that provides the Rehabilitation Act of 1973, as amended; bidding process is presumed to have individuals with disabilities or their 29 U.S.C. 709(c) and 732(c)(1)(B)) good cause for not renewing an existing representatives an opportunity for § 370.14 How does a designated agency contract. However, this presumption comment. The Governor shall maintain appeal a written decision to redesignate? may be rebutted. a written public record of these (a) A designated agency may appeal to (e) If State procurement laws require hearings. the Secretary a Governor’s written a designated agency to award a contract (e) The Governor shall fully consider decision to redesignate only if the through a competitive bidding process, any public comments before issuing a designated agency submitted to the the designated agency must hold public written decision to redesignate. Governor a timely written response to hearings on the request for proposal the Governor’s notice of proposed before awarding the new contract. (Authority: Sections 12(c) and 112(c)(1)(B) of the Rehabilitation Act of 1973, as amended; redesignation in accordance with (Authority: Sections 12(c) and 112(c)(1)(B) of 29 U.S.C. 709(c) and 732(c)(1)(B)) § 370.12. the Rehabilitation Act of 1973, as amended; (b) To appeal to the Secretary a 29 U.S.C. 709(c) and 732(c)(1)(B)) § 370.12 How does a designated agency Governor’s written decision to preserve its right to appeal a redesignate, a designated agency shall § 370.11 What requirements apply to a redesignation? notice of proposed redesignation? file a formal written appeal with the (a) To preserve its right to appeal a (a) Prior to any redesignation of the Secretary within 15 days after the Governor’s written decision to agency that conducts the CAP, the designated agency’s receipt of the redesignate (see § 370.13), a designated Governor shall give written notice of the Governor’s written decision to agency must respond in writing to the proposed redesignation to the redesignate. The date of filing of the Governor within 30 days after it receives designated agency, the State designated agency’s written appeal with Rehabilitation Council (SRC), and the the Governor’s notice of proposed the Secretary will be determined in a State Independent Living Council (SILC) redesignation. manner consistent with the and publish a public notice of the (b) The designated agency shall send requirements of 34 CFR 81.12. (c) If the designated agency files a Governor’s intention to redesignate. its response to the Governor by written appeal with the Secretary, the Both the notice to the designated registered or certified mail, return designated agency shall send a separate agency, the SRC, and the SILC and the receipt requested, or other means that copy of this appeal to the Governor by public notice must include, at a provides a record that the Governor registered or certified mail, return minimum, the following: received the designated agency’s (1) The Federal requirements for the response. receipt requested, or other means that provides a record that the Governor CAP (section 112 of the Act). (Approved by the Office of Management (2) The goals and function of the CAP. received a copy of the designated and Budget under control number 1820– (3) The name of the current agency’s appeal to the Secretary. 0520) designated agency. (d) The designated agency’s written (4) A description of the current CAP (Authority: Sections 12(c) and 112(c)(1)(B) of appeal to the Secretary must state why and how it is administered. the Rehabilitation Act of 1973, as amended; the Governor has not met the burden of (5) The reason or reasons for 29 U.S.C. 709(c) and 732(c)(1)(B)) showing that good cause for the proposing the redesignation, including redesignation exists or has not met the § 370.13 What are the requirements for a procedural requirements under why the Governor believes good cause decision to redesignate? exists for the proposed redesignation. §§ 370.11 and 370.13. (6) The effective date of the proposed (a) If, after complying with the (e) The designated agency’s written redesignation. requirements of § 370.11, the Governor appeal must be accompanied by the (7) The name of the agency the decides to redesignate the designated designated agency’s written response to Governor proposes to administer the agency, the Governor shall provide to the Governor’s notice of proposed CAP. the designated agency a written decision redesignation and may be accompanied (8) A description of the system that to redesignate that includes the by any other written submissions or the redesignated (i.e., new) agency rationale for the redesignation. The documentation the designated agency would administer. Governor shall send the written wishes the Secretary to consider. (b) The notice to the designated decision to redesignate to the designated (f) As part of its submissions under agency must— agency by registered or certified mail, this section, the designated agency may (1) Be given at least 30 days in return receipt requested, or other means request an informal meeting with the advance of the Governor’s written that provides a record that the Secretary at which representatives of decision to redesignate; and designated agency received the both parties will have an opportunity to (2) Advise the designated agency that Governor’s written decision to present their views on the issues raised it has at least 30 days from receipt of the redesignate. in the appeal. notice of proposed redesignation to (b) If the designated agency submitted (Approved by the Office of Management respond to the Governor and that the to the Governor a timely response to the and Budget under control number 1820– response must be in writing. Governor’s notice of proposed 0520) (c) The notice of proposed redesignation, the Governor shall inform (Authority: Sections 12(c) and 112(c)(1)(B) of redesignation must be published in a the designated agency that it has at least place and manner that provides the the Rehabilitation Act of 1973, as amended; 15 days from receipt of the Governor’s 29 U.S.C. 709(c) and 732(c)(1)(B)) SRC, the SILC, individuals with written decision to redesignate to file a disabilities or their representatives, and formal written appeal with the § 370.15 What must the Governor of a the public with at least 30 days to Secretary. State do upon receipt of a copy of a submit oral or written comments to the designated agency’s written appeal to the Governor. (Approved by the Office of Management Secretary? (d) Following public notice, public and Budget under control number 1820– (a) If the designated agency files a hearings concerning the proposed 0520) formal written appeal in accordance

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with § 370.14, the Governor shall, (Approved by the Office of Management (1) All entities conducting, within 15 days of receipt of the and Budget under control number 1820– administering, operating, or carrying out designated agency’s appeal, submit to 0520) programs within the State that provide the Secretary copies of the following: (Authority: Sections 12(c) and 112(c)(1)(B) of services under the Act to individuals (1) The written notice of proposed the Rehabilitation Act of 1973, as amended; with disabilities in the State will advise redesignation sent to the designated 29 U.S.C. 709(c) and 732(c)(1)(B)) all clients and client-applicants of the agency. existence of the CAP, the services (2) The public notice of proposed § 370.17 When does a redesignation provided under the program, and how become effective? redesignation. to contact the designated agency; (3) Transcripts of all public hearings A redesignation does not take effect (2) The designated agency will meet held on the proposed redesignation. for at least 15 days following the each of the requirements in this part; (4) Written comments received by the designated agency’s receipt of the and Governor in response to the public Governor’s written decision to (3) The designated agency will notice of proposed redesignation. redesignate or, if the designated agency provide the Secretary with the annual (5) The Governor’s written decision to appeals, for at least 5 days after the report required by section 112(g)(4) of redesignate, including the rationale for Secretary has affirmed the Governor’s the Act and § 370.44. the decision. written decision to redesignate. (d) To allow a designated agency to (6) Any other written documentation (Authority: Sections 12(c) and 112(c)(1)(B) of receive direct payment of funds under or submissions the Governor wishes the the Rehabilitation Act of 1973, as amended; this part, a State or the protection and Secretary to consider. 29 U.S.C. 709(c) and 732(c)(1)(B)) advocacy system serving the American (7) Any other information requested Subpart C—What are the Requirements for Indian Consortium must provide to the by the Secretary. Secretary, as part of its application for (b) As part of the submissions under Requesting a Grant? assistance, an assurance that direct this section, the Governor may request § 370.20 What must be included in a payment to the designated agency is not an informal meeting with the Secretary request for a grant? prohibited by or inconsistent with State at which representatives of both parties (a) Each State and the protection and or tribal law, regulation, or policy. will have an opportunity to present advocacy system serving the American their views on the issues raised in the Indian Consortium seeking assistance (Approved by the Office of Management appeal. under this part shall submit to the and Budget under control number 1820– (Approved by the Office of Management Secretary, in writing, at the time and in 0520) and Budget under control number 1820– the manner determined by the Secretary (Authority: Sections 12(c) and 112(b) and (f) 0520) to be appropriate, an application that of the Rehabilitation Act of 1973, as amended; 29 U.S.C. 709(c) and 732(b) and (f)) (Authority: Sections 12(c) and 112(c)(1)(B) of includes, at a minimum— the Rehabilitation Act of 1973, as amended; (1) The name of the designated Subpart D—How Does the Secretary 29 U.S.C. 709(c) and 732(c)(1)(B)) agency; and Allocate and Reallocate Funds to a State? (2) An assurance that the designated § 370.16 How does the Secretary review an agency meets the independence § 370.30 How does the Secretary allocate appeal of a redesignation? requirement of section 112(c)(1)(A) of funds? (a) If either party requests a meeting the Act and § 370.2(c), or that the State (a) After reserving funds required under § 370.14(f) or § 370.15(b), the is exempted from that requirement under paragraphs (c) and (d) of this meeting is to be held within 30 days of under section 112(c)(1)(A) of the Act section, the Secretary shall allot the the submissions by the Governor under and § 370.2(d). remainder of the sums appropriated for § 370.15, unless both parties agree to (b)(1) Each State and the protection each fiscal year under this section waive this requirement. The Secretary and advocacy system serving the among the States on the basis of relative promptly notifies the parties of the date American Indian Consortium also shall population of each State, except that no and place of the meeting. submit to the Secretary an assurance such entity shall receive less than (b) Within 30 days of the informal that the designated agency has the $50,000. meeting permitted under paragraph (a) authority to pursue legal, (b) The Secretary allocates $30,000 of this section or, if neither party has administrative, and other appropriate each, unless the provisions of section requested an informal meeting, within remedies to ensure the protection of the 112(e)(1)(D) of the Act are applicable, to 60 days of the submissions required rights of clients or client-applicants American Samoa, Guam, the Virgin from the Governor under § 370.15, the within the State or American Indian Islands, and the Commonwealth of Secretary issues to the parties a final Consortium. Northern Mariana Islands. written decision on whether the (2) The authority to pursue remedies (c) The Secretary shall reserve funds, redesignation was for good cause. described in paragraph (b)(1) of this from the amount appropriated to carry (c) The Secretary reviews a Governor’s section must include the authority to out this part, to make a grant to the decision based on the record submitted pursue those remedies against the State protection and advocacy system serving under §§ 370.14 and 370.15 and any vocational rehabilitation agency and the American Indian Consortium to other relevant submissions of other other appropriate State agencies. The provide services in accordance with this interested parties. The Secretary may designated agency meets this part. The amount of the grant to the affirm or, if the Secretary finds that the requirement if it has the authority to protection and advocacy system serving redesignation is not for good cause, pursue those remedies either on its own the American Indian Consortium shall remand for further findings or reverse a behalf or by obtaining necessary be the same amount as is provided to a Governor’s redesignation. services, such as legal representation, territory under paragraph (b) of this (d) The Secretary sends copies of the from outside sources. section. decision to the parties by registered or (c) Each State and the protection and (d)(1) For any fiscal year for which the certified mail, return receipt requested, advocacy system serving the American amount appropriated equals or exceeds or other means that provide a record of Indian Consortium also shall submit to $14,000,000, the Secretary may reserve receipt by both parties. the Secretary assurances that— not less than 1.8 percent and not more

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than 2.2 percent of such amount to (Approved by the Office of Management (2) Provide any services under the provide a grant for training and and Budget under control number 1820– Act, other than CAP and PAIR services. technical assistance for the programs 0520) (b) An employee of a designated established under this part. (Authority: Sections 12(c), 19, and 112(e)(2) agency under contract with a designated (2) All training and technical of the Rehabilitation Act of 1973, as agency, may— assistance shall be coordinated with amended; 29 U.S.C. 709(c), 716, and (1) Receive a traineeship under activities provided under 34 CFR 732(e)(2)) section 302 of the Act; (2) Provide services under the PAIR 381.22. Subpart E—What Post-Award Conditions (3) The Secretary shall make a grant program; Must Be Met by a Designated Agency? (3) Represent the CAP on any board pursuant to paragraph (d)(1) of this or council (such as the SRC) if CAP section to an entity that has experience § 370.40 What are allowable costs? (a) The designated agency, including representation on the board or council in or knowledge related to the provision is specifically permitted or mandated by of services authorized under this part. the eligible protection and advocacy system serving the American Indian the Act; and (4) An entity receiving a grant under (4) Consult with policymaking and paragraph (d)(1) of this section shall Consortium, shall apply the regulations at 2 CFR part 200. administrative personnel in State and provide training and technical local rehabilitation programs, projects, assistance to the designated agencies or (b) Consistent with the program activities listed in § 370.4, the cost of and community rehabilitation programs, entities carrying out the CAP to assist if consultation with the designated them in improving the provision of travel in connection with the provision to a client or client applicant of agency is specifically permitted or services authorized under this part and mandated by the Act. the administration of the program. assistance under this program is (Authority: Sections 12(c) and 112(g)(1) of (e)(1) Unless prohibited or otherwise allowable, in accordance with 2 CFR part 200. The cost of travel includes the the Rehabilitation Act of 1973, as amended; provided by State or tribal law, 29 U.S.C. 709(c) and 732(g)(1)) regulation, or policy, the Secretary pays cost of travel for an attendant if the to the designated agency, from the State attendant must accompany the client or § 370.42 What access must the CAP be allotment under paragraph (a), (b), or (c) client applicant. afforded to policymaking and administrative (c)(1) The State and the designated personnel? of this section, the amount specified in agency are accountable, both jointly and the State’s or the eligible protection and The CAP must be afforded reasonable severally, to the Secretary for the proper advocacy system’s approved request. access to policymaking and use of funds made available under this Because the designated agency, administrative personnel in State and part. However, the Secretary may including the protection and advocacy local rehabilitation programs, projects, choose to recover funds under the system serving the American Indian and community rehabilitation programs. procedures in 34 CFR part 81 from Consortium, is the eventual, if not the One way in which the CAP may be either the State or the designated direct, recipient of the CAP funds, 34 provided that access would be to agency, or both, depending on the CFR part 81 and 2 CFR part 200 apply include the director of the designated circumstances of each case. to the designated agency, whether or not agency among the individuals to be (2) For purposes of the grant made consulted on matters of general policy the designated agency is the actual under this part to the protection and recipient of the CAP grant. development and implementation, as advocacy system serving the American required by section 101(a)(16) of the (2) Notwithstanding the grant made to Indian Consortium, such entity will be Act. the protection and advocacy system solely accountable to the Secretary for (Authority: Sections 12(c), 101(a)(16), and serving the American Indian the proper use of funds made available Consortium under paragraph (c) of this 112(g)(2) of the Rehabilitation Act of 1973, as under this part. If the Secretary amended; 29 U.S.C. 709(c), 721(a)(16), and section, the State remains the grantee for determines it necessary, the Secretary 732(g)(2)) purposes of 34 CFR part 76 and 2 CFR may recover funds from the protection part 200 because it is the State that and advocacy system serving the § 370.43 What requirement applies to the use of mediation procedures? submits an application for and receives American Indian Consortium pursuant the CAP grant. In addition, both the to the procedures in 34 CFR part 81. (a) Each designated agency shall State and the designated agency are implement procedures designed to considered recipients for purposes of 34 (Authority: Sections 12(c) and 112(c)(3) of ensure that, to the maximum extent the Rehabilitation Act of 1973, as amended; CFR part 81. 29 U.S.C. 709(c) and 732(c)(3)) possible, good faith negotiations and (Authority: Sections 12(c) and 112(b) and (e) mediation procedures are used before of the Rehabilitation Act of 1973, as § 370.41 What conflict of interest provision resorting to formal administrative or amended; 29 U.S.C. 709(c) and 732(b) and applies to employees of a designated legal remedies. In designing these (e)) agency? procedures, the designated agency may (a) Except as permitted by paragraph take into account its level of resources. § 370.31 How does the Secretary (b) of this section, an employee of a (b) For purposes of this section, reallocate funds? designated agency, or of an entity or mediation may involve the use of (a) The Secretary reallocates funds in individual under contract with a professional mediators, other accordance with section 112(e)(2) of the designated agency, who carries out any independent third parties mutually Act. CAP duties or responsibilities, while so agreed to by the parties to the dispute, (b) A designated agency shall inform employed, may not— or an employee of the designated agency the Secretary at least 45 days before the (1) Serve concurrently as a staff who— end of the fiscal year for which CAP member of, consultant to, or in any (1) Is not assigned to advocate for or funds were received whether the other capacity within, any other otherwise represent or is not involved designated agency is making available rehabilitation project, program, or with advocating for or otherwise for reallotment any of those CAP funds community rehabilitation program representing the client or client that it will be unable to obligate in that receiving assistance under the Act in the applicant who is a party to the fiscal year or the succeeding fiscal year. State; or mediation; and

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(2) Has not previously advocated for with the director of the State vocational (Authority: sections 12(c) and 19 of the or otherwise represented or been rehabilitation agency (or, in States with Rehabilitation Act of 1973, as amended; 29 involved with advocating for or both a general agency and an agency for U.S.C. 709(c) and 716) otherwise representing that same client the blind, the directors of both § 370.49 What are the special or client applicant. agencies), the head of the requirements pertaining to the protection, (Authority: Section 112(g)(3) of the developmental disability protection and use, and release of personal information? Rehabilitation Act of 1973, as amended; 29 advocacy agency, and representatives of (a) All personal information about U.S.C. 732(g)(3)) professional and consumer individuals served by any designated organizations serving individuals with agency under this part, including lists of § 370.44 What reporting requirement disabilities in the State. applies to each designated agency? names, addresses, photographs, and (Authority: Section 112(c)(2) of the records of evaluation, must be held In addition to the program and fiscal Rehabilitation Act of 1973, as amended; 29 strictly confidential. reporting requirements in 34 CFR U.S.C. 732(c)(2)) (b) The designated agency’s use of 76.720 and 2 CFR 200.327 that are information and records concerning applicable to this program, each § 370.47 What is program income and how individuals must be limited only to designated agency shall submit to the may it be used? purposes directly connected with the Secretary, no later than 90 days after the (a)(1) Definition. Program income CAP, including program evaluation end of each fiscal year, an annual report means gross income earned by the activities. Except as provided in on the operation of its CAP during the designated agency that is directly paragraphs (c) and (e) of this section, previous year, including a summary of generated by an activity supported this information may not be disclosed, the work done and the uniform under this part. directly or indirectly, other than in the statistical tabulation of all cases handled (2) Funds received through the administration of the CAP, unless the by the program. The annual report must transfer of Social Security consent of the individual to whom the contain information on— Administration payments from the (a) The number of requests received information applies, or his or her designated State unit, as defined in 34 parent, legal guardian, or other legally by the designated agency for CFR 361.5(c)(13), in accordance with 34 information on services and benefits authorized representative or advocate CFR 361.63(c)(2) will be treated as (including the individual’s advocate under the Act and title I of the ADA; program income received under this (b) The number of referrals to other from the designated agency), has been part. obtained in writing. A designated agencies made by the designated agency (b) Use of program income. (1) and the reason or reasons for those agency may not produce any report, Program income, whenever earned or evaluation, or study that reveals any referrals; received, must be used for the provision (c) The number of requests for personally identifying information of services authorized under § 370.4. without the written consent of the advocacy services received by the (2) Designated Agencies are designated agency from clients or client- individual or his or her representative. authorized to treat program income as— (c) Except as limited in paragraphs (d) applicants; (i) A deduction from total allowable (d) The number of requests for and (e) of this section, the Secretary or costs charged to a Federal grant, in other Federal or State officials advocacy services from clients or client- accordance with 2 CFR 200.307(e)(1); or applicants that the designated agency responsible for enforcing legal (ii) An addition to the grant funds to was unable to serve; requirements are to have complete be used for additional allowable (e) The reasons that the designated access to all— program expenditures, in accordance agency was unable to serve all of the (1) Records of the designated agency with 2 CFR 200.307(e)(2). requests for advocacy services from that receives funds under this program; clients or client-applicants; and (Authority: Sections 12(c) and 108 of the and (f) Any other information that the Rehabilitation Act of 1973, as amended; 29 (2) All individual case records of Secretary may require. U.S.C. 709(c), 728, and 3474) clients served under this part without the consent of the client. (Approved by the Office of Management § 370.48 When must grant funds and (d) For purposes of conducting any and Budget under control number 1820– program income be obligated? periodic audit, preparing or producing 0520) Any Federal funds, including any report, or conducting any (Authority: Sections 12(c) and 112(g)(4) of reallotted funds, that are appropriated evaluation of the performance of the the Rehabilitation Act of 1973, as amended; for a fiscal year to carry out the CAP established or assisted under this 29 U.S.C. 709(c) and 732(g)(4)) activities under this part that are not part, the Secretary does not require the obligated or expended by the designated designated agency to disclose the § 370.45 What limitation applies to the agency prior to the beginning of the pursuit of legal remedies? identity of, or any other personally succeeding fiscal year, and any program A designated agency may not bring identifiable information related to, any income received during a fiscal year that individual requesting assistance under any class action in carrying out its is not obligated or expended by the responsibilities under this part. the CAP. designated agency prior to the beginning (e) Notwithstanding paragraph (d) of (Authority: Section 112(d) of the of the succeeding fiscal year in which this section and consistent with Rehabilitation Act of 1973, as amended; 29 the program income was received, U.S.C. 732(d)) paragraph (f) of this section, a remain available for obligation and designated agency shall disclose to the § 370.46 What consultation requirement expenditure by the designated agency Secretary, if the Secretary so requests, applies to a Governor of a State? during that succeeding fiscal year in the identity of, or any other personally In designating a client assistance accordance with section 19 of the Act identifiable information (i.e., name, agency under § 370.2, redesignating a and 34 CFR 76.709. address, telephone number, social client assistance agency under § 370.10, (Approved by the Office of Management security number, or any other official and carrying out the other provisions of and Budget under control number 1820– code or number by which an individual this part, the Governor shall consult 0520) may be readily identified) related to,

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any individual requesting assistance Subpart D—How Does the Secretary Make those governing bodies or a tribal under the CAP if— a Grant? organization to perform services (1) An audit, evaluation, monitoring 371.31 How are grants awarded? benefiting more than one Indian tribe, review, State plan assurance review, or 371.32 What other factors does the the approval of each such Indian tribe Secretary consider in reviewing an shall be a prerequisite to the making of other investigation produces reliable application? evidence that there is probable cause to such a grant. believe that the designated agency has Subpart E—What Conditions Apply to a (b) Applications for awards under violated its legislative mandate or Grantee Under this Program? Subpart B may be made by State, local misused Federal funds; or 371.40 What are the matching or tribal governments, non-profit requirements? organizations, or institutions of higher (2) The Secretary determines that this 371.41 What are allowable costs? education. information may reasonably lead to 371.42 How are services to be administered further evidence that is directly related (Authority: Sections 12(c) and 121(a) of the under this program? Rehabilitation Act of 1973, as amended; 29 to alleged misconduct of the designated 371.43 What other special conditions apply U.S.C. 709(c) and 741(a)) agency. to this program? (f) In addition to the protection 371.44 What are the special requirements § 371.3 What types of projects are pertaining to the protection, use, and authorized under this program? afforded by paragraph (d) of this section, release of personal information? the right of a person or designated The American Indian Vocational 371.45 What notice must be given about the Rehabilitation Services program agency not to produce documents or Client Assistance Program (CAP)? disclose information to the Secretary is provides financial assistance for the Authority: Sections 12(c) and 121 of the establishment and operation of tribal governed by the common law of Rehabilitation Act of 1973, as amended; 29 privileges, as interpreted by the courts vocational rehabilitation services U.S.C. 709(c) and 741, unless otherwise programs for American Indians with of the United States. noted. disabilities who reside on or near (Authority: Sections 12(c) and 112(g)(4) of Federal or State reservations. the Rehabilitation Act of 1973, as amended; Subpart A—General 29 U.S.C. 709(c) and 732(g)(4)) (Authority: Sections 12(c) and 121(a) of the § 371.1 What is the American Indian Rehabilitation Act of 1973, as amended Act, ■ 4. Part 371 is revised to read as Vocational Rehabilitation Services 29 U.S.C. 709(c) and 741(a) follows: program? This program is designed to provide § 371.4 What is the length of the project PART 371—AMERICAN INDIAN vocational rehabilitation services, period under this program? VOCATIONAL REHABILITATION including culturally appropriate The Secretary approves a project SERVICES services, to American Indians with period of up to sixty months. disabilities who reside on or near (Authority: Sections 12(c) and 121(b)(3) of Subpart A—General Federal or State reservations, consistent the Rehabilitation Act of 1973, as amended, Sec. with such eligible individual’s 29 U.S.C. 709(c) and 121(b)(3)) 371.1 What is the American Indian strengths, resources, priorities, Vocational Rehabilitation Services concerns, abilities, capabilities, § 371.5 What regulations apply to this program? program? interests, and informed choice, so that 371.2 Who is eligible for assistance under such individual may prepare for, and The following regulations apply to this program? engage in, high-quality employment that this program— 371.3 What types of projects are authorized (a) The regulations in this part 371. under this program? will increase opportunities for economic (b) 2 CFR part 180 (OMB Guidelines 371.4 What is the length of the project self-sufficiency. to Agencies on Debarment and period under this program? (Authority: Section 121(a) of the Suspension (Nonprocurement)), as 371.5 What regulations apply to this Rehabilitation Act of 1973, as amended; 29 adopted at 2 CFR part 3485; program? U.S.C. 741(a)) (c) 2 CFR part 200 (Uniform 371.6 What definitions apply to this Administrative Requirements, Cost program? § 371.2 Who is eligible for assistance under this program? Principles, and Audit Requirements for Subpart B—Training and Technical Federal Awards) as adopted at 2 CFR Assistance (a) Applications may be made only by Indian tribes and consortia of those part 3474. (d) 34 CFR part 75 Direct Grant 371.10 What are the requirements for Indian tribes located on Federal and funding training and technical assistance Programs State reservations. under this subpart? (e) 34 CFR part 77 Definitions that 371.11 How does the Secretary use these (1) The applicant for the grant must be Apply to Department Regulations funds to provide training and technical (i) The governing body of an Indian (f) 34 CFR part 81 General Education assistance? tribe, either on behalf the Indian tribe or Provisions Act—Enforcement 371.12 How does the Secretary make an on behalf of a consortium of Indian (g) 34 CFR part 82 New Restrictions award? tribes; or on Lobbying 371.13 How does the Secretary determine (ii) A tribal organization that is a (h) 34 CFR part 84 Governmentwide funding priorities? separate legal organization from an Requirements for Drug-Free Workplace 371.14 How does the Secretary evaluate an Indian tribe. application? (2) In order to receive a grant under (Authority: Section 12(c) of the Rehabilitation Act of 1973, as amended; 29 Subpart C—How Does One Apply for a this section, a tribal organization that is U.S.C. 709(c)) Grant? not a governing body of an Indian tribe 371.20 What are the application procedures must have as one of its functions the § 371.6 What definitions apply to this program? for this program? vocational rehabilitation of American 371.21 What are the special application Indians with disabilities. (a) The definitions of terms included requirements related to the projects (3) If a grant is made to the governing in the applicable regulations listed in funded under this part? body of an Indian tribe, a consortium of § 371.5;

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(b) The following definitions also employment and rehabilitation needs of (13) Psychosocial rehabilitation apply to this program— the individual; services; Act means the Rehabilitation Act of (iv) May include, to the degree (14) Supported employment services 1973, as amended. needed, an appraisal of the patterns of and extended services; Assessment for determining eligibility work behavior of the individual and (15) Customized employment; and vocational rehabilitation needs services needed for the individual to (16) Services to family members if means as appropriate in each case— acquire occupational skills, and to necessary to enable the applicant or (1)(i) A review of existing data— develop work attitudes, work habits, eligible individual to achieve an (A) To determine whether an work tolerance, and social and behavior employment outcome; individual is eligible for vocational patterns necessary for successful job (17) Personal assistance services; or rehabilitation services; and performance, including the use of work (18) Services similar to the services (B) To assign priority for an order of in real job situations to assess and described in paragraphs (1) through (17) selection described in an approved plan develop the capacities of the individual of this definition. or the approved grant application; and to perform adequately in a work (Authority: Sections 7(4) and 12(c) of the (ii) To the extent necessary, the environment; and Rehabilitation Act of 1973, as amended, 29 provision of appropriate assessment (v) To the maximum extent possible, U.S.C. 705(4) and 709(c)) activities to obtain necessary additional relies on information obtained from Comparable services and benefits data to make such determination and experiences in integrated employment means— assignment; settings in the community, and other (1) Services and benefits, including (2) To the extent additional data is integrated community settings; auxiliary aids and services, that are— necessary to make a determination of (3) Referral, for the provision of (i) Provided or paid for, in whole or the employment outcomes, and the rehabilitation technology services to the in part, by other Federal, State, or local nature and scope of vocational individual, to assess and develop the public agencies, by health insurance, or rehabilitation services, to be included in capacities of the individual to perform by employee benefits; the individualized plan for employment in a work environment; and (ii) Available to the individual at the of an eligible individual, a (4) An exploration of the individual’s time needed to ensure the progress of comprehensive assessment to determine abilities, capabilities, and capacity to the individual toward achieving the the unique strengths, resources, perform in work situations, which must employment outcome in the priorities, concerns, abilities, be assessed periodically during trial individual’s individualized plan for capabilities, interests, and informed work experiences, including employment; and choice, including the need for experiences in which the individual is (iii) Commensurate to the services supported employment, of the eligible provided appropriate supports and that the individual would otherwise individual, which comprehensive training. receive from the Tribal Vocational assessment— (Authority: Sections 7(2) and 12(c) of the Rehabilitation unit. (i) Is limited to information that is Rehabilitation Act of 1973, as amended, 29 (2) For the purposes of this definition, necessary to identify the rehabilitation U.S.C. 705(2) and 709(c)) comparable benefits do not include needs of the individual and to develop Community rehabilitation program awards and scholarships based on merit. the individualized plan for employment means a program that provides directly, (Authority: Sections 12(c) and 101(a)(8)(A) of of the eligible individual; or facilitates providing, one or more of the Rehabilitation Act of 1973, as amended, (ii) Uses, as a primary source of such the following vocational rehabilitation 29 U.S.C. 709(c) and 721(a)(8)(A)) information, to the maximum extent services to individuals with disabilities Competitive integrated employment possible and appropriate and in to enable them to maximize their means work— accordance with confidentiality opportunities for employment, (1) That is performed on a full-time or requirements— including career advancement— part-time basis (including self- (A) Existing information obtained for (1) Medical, psychiatric, employment); and for which an the purposes of determining the psychological, social, and vocational individual is compensated at a rate eligibility of the individual and services that are provided under one that— assigning priority for an order of management; (i) Shall not be less than the higher of selection described in an approved plan (2) Testing, fitting, or training in the the rate specified in section 6(a)(1) of or the approved grant application for the use of prosthetic and orthotic devices; the Fair Labor Standards Act of 1938 (29 individual; and (3) Recreational therapy; U.S.C. 206(a)(1)), or the rate specified in (B) Information that can be provided (4) Physical and occupational therapy; the applicable State or local minimum by the individual and, if appropriate, by (5) Speech, language, and hearing wage law; and the family of the individual; therapy; (ii) Is not less than the customary rate (iii) May include, to the degree (6) Psychiatric, psychological, and paid by the employer for the same or needed to make such a determination, social services, including positive similar work performed by other an assessment of the personality, behavior management; employees who are not individuals with interests, interpersonal skills, (7) Assessment for determining disabilities, and who are similarly intelligence and related functional eligibility and vocational rehabilitation situated in similar occupations by the capacities, educational achievements, needs; same employer and who have similar work experience, vocational aptitudes, (8) Rehabilitation technology; training, experience, and skills; or personal and social adjustments, and (9) Job development, placement, and (iii) In the case of an individual who employment opportunities of the retention services; is self-employed, yields an income that individual, and the medical, (10) Evaluation or control of specific is comparable to the income received by psychiatric, psychological, and other disabilities; other individuals who are not pertinent vocational, educational, (11) Orientation and mobility services individuals with disabilities, and who cultural, social, recreational, and for individuals who are blind; are self-employed in similar environmental factors, that affect the (12) Extended employment; occupations or on similar tasks and who

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have similar training, experience, and (3) Representation by a professional who is a member of an Indian tribe and skills; and chosen by the individual, or self- includes a Native and a descendant of (iv) Is eligible for the level of benefits representation of the individual, in a Native, as such terms are defined in provided to other employees; and working with an employer to facilitate subsections (b) and (r) of section 3 of the (2) That is at a location typically placement; and Alaska Native Claims Settlement Act (43 found in the community and where the (4) Providing services and supports at U.S.C. 1602). employee with a disability interacts for the job location. (2) Indian tribe means any Federal or the purpose of performing the duties of (Authority: Sections 7(7) and 12(c) of the State Indian tribe, band, rancheria, the position with other employees Rehabilitation Act of 1973, as amended, 29 pueblo, colony, or community, within the particular work unit, U.S.C. 705(7) and 709(c)) including any Alaskan native village or regional village corporation (as defined employees within the entire work site, Eligible individual means an in or established pursuant to the Alaska and, as appropriate to the work applicant for vocational rehabilitation Native Claims Settlement Act) and a performed, other persons (e.g., services who meets the eligibility tribal organization (as defined in section customers and vendors), who are not requirements of Section 102(a)(1) of the 4(1) of the Indian Self-Determination individuals with disabilities (not Act. including supervisory personnel or and Education Assistance Act (25 U.S.C. individuals who are providing services (Authority: Sections 7(20)(A), 12(c), and 450(b)(1)) and this section. to such employee) to the same extent 102(a)(1) of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 705(20)(A), 709(c), and (Authority: Section 7(19) of the that employees who are not individuals 722) Rehabilitation Act of 1973, as amended, 29 with disabilities and who are in U.S.C. 705(19)) Employment outcome means, with comparable positions interact with these Individual with a disability means— persons; and respect to an individual, entering, In general any individual who— (3) That, as appropriate, presents advancing or retaining full-time or, if (1) Who has a physical or mental opportunities for advancement that are appropriate, part-time competitive impairment; similar to those for other employees integrated employment, including (2) Whose impairment constitutes or who are not individuals with customized employment, self- results in a substantial impediment to disabilities and who have similar employment, telecommuting, business employment; and positions. ownership, or supported employment, (3) Who can benefit in terms of an that is consistent with an individual’s (Authority: Sections 7(5) and 12(c) of the employment outcome from the Rehabilitation Act of 1973, as amended; 29 unique strengths, resources, priorities, provision of vocational rehabilitation U.S.C. 705(5) and 709(c)) concerns, abilities, capabilities, services. interests, and informed choice. Consortium means two or more (Authority: Section 7(20)(A) of the eligible governing bodies of Indian (Authority: Sections 7(11) and 12(c) of the Rehabilitation Act of 1973, as amended; 29 Rehabilitation Act of 1973, as amended, 29 U.S.C. 705(20)(A)) tribes that apply for an award under this U.S.C. 705(11), and 709(c)) program by either: Individual with a significant disability (1) Designating one governing body to Family member for the purposes of means— apply for the grant; or receiving vocational rehabilitation In general an individual with a (2) Establishing and designating a services means an individual— disability— tribal organization to apply for a grant. (1) Who either— (1) Who has a severe physical or (i) Is a relative or guardian of an mental impairment that seriously limits (Authority: Sections 12(c) and 121 of the applicant or eligible individual; or one or more functional capacities (such Rehabilitation Act of 1973, as amended; 29 (ii) Lives in the same household as an U.S.C. 709(c) and 741(a)) as mobility, communication, self-care, applicant or eligible individual; self-direction, interpersonal skills, work Customized employment means (2) Who has a substantial interest in tolerance, or work skills) in terms of an competitive integrated employment, for the well-being of that individual; and employment outcome; an individual with a significant (3) Whose receipt of vocational (2) Whose vocational rehabilitation disability, that is based on an rehabilitation services is necessary to can be expected to require multiple individualized determination of the enable the applicant or eligible vocational rehabilitation services over unique strengths, needs, and interests of individual to achieve an employment an extended period of time; and the individual with a significant outcome. (3) Who has one or more physical or disability, is designed to meet the (Authority: Sections 12(c) and 103(a)(19) of mental disabilities resulting from specific abilities of the individual with the Rehabilitation Act of 1973, as amended; amputation, arthritis, autism, blindness, a significant disability and the business 29 U.S.C. 709(c) and 723(a)(19)) burn injury, cancer, cerebral palsy, needs of the employer, and is carried cystic fibrosis, deafness, head injury, Governing bodies of Indian tribes out through flexible strategies, such heart disease, hemiplegia, hemophilia, means those duly elected or appointed as— respiratory or pulmonary dysfunction, representatives of an Indian tribe or of (1) Job exploration by the individual; intellectual disability, mental illness, an Alaskan native village. These (2) Working with an employer to multiple sclerosis, muscular dystrophy, representatives must have the authority facilitate placement, including— musculo-skeletal disorders, neurological to enter into contracts, agreements, and (i) Customizing a job description disorders (including stroke and grants on behalf of their constituency. based on current employer needs or on epilepsy), spinal cord conditions previously unidentified and unmet (Authority: Sections 12(c) and 121(a) of the (including paraplegia and quadriplegia), employer needs; and Rehabilitation Act of 1973, as amended; 29 sickle cell anemia, specific learning (ii) Developing a set of job duties, a U.S.C. 709(c) and 741(a)) disability, end-stage renal disease, or work schedule and job arrangement, and Indian; American Indian; Indian another disability or combination of specifics of supervision (including American; Indian tribe means— disabilities determined on the basis of performance evaluation and review), (1) Indian, American Indian, and an assessment for determining eligibility and determining a job location; Indian American mean an individual and vocational rehabilitation needs to

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cause comparable substantial functional special visual aids prescribed by individual’s unique strengths, resources, limitation. personnel that are qualified in priorities, concerns, abilities, capabilities, accordance with State licensure laws; interests, and informed choice. These (Authority: Section 7(21) of the services are available to meet rehabilitation Rehabilitation Act of 1973, as amended, 29 (9) Podiatry; (10) Physical therapy; needs that do not require a complex and U.S.C. 705(21)) comprehensive provision of services and, (11) Occupational therapy; thus, should be limited in scope and Maintenance means monetary support (12) Speech or hearing therapy; provided to an individual for expenses, duration. If more comprehensive services are (13) Mental health services; required, then a new rehabilitation effort such as food, shelter, and clothing, that (14) Treatment of either acute or should be considered. Post-employment are in excess of the normal expenses of chronic medical complications and services are to be provided under an the individual and that are necessitated emergencies that are associated with or amended individualized plan for by the individual’s participation in an arise out of the provision of physical employment; thus, a re-determination of assessment for determining eligibility and mental restoration services, or that eligibility is not required. The provision of and vocational rehabilitation needs or are inherent in the condition under post-employment services is subject to the the individual’s receipt of vocational same requirements in this part as the treatment; provision of any other vocational rehabilitation services under an (15) Special services for the treatment rehabilitation service. Post-employment individualized plan for employment. of individuals with end-stage renal services are available to assist an individual (Authority: Sections 12(c) and 103(a)(7) of disease, including transplantation, to maintain employment, e.g., the the Rehabilitation Act of 1973, as amended; dialysis, artificial kidneys, and supplies; individual’s employment is jeopardized 29 U.S.C. 709(c) and 723(a)(7)) and because of conflicts with supervisors or co- (16) Other medical or medically workers, and the individual needs mental Examples: The following are health services and counseling to maintain examples of expenses that would meet related rehabilitation services. (17) Services reflecting the cultural the employment; or the individual requires the definition of maintenance. The background of the American Indian assistive technology to maintain the examples are illustrative, do not address employment; to regain employment, e.g., the being served, including treatment all possible circumstances, and are not individual’s job is eliminated through provided by native healing practitioners intended to substitute for individual reorganization and new placement services in accordance with 34 CFR 371.41(a)(2). counselor judgment. are needed; and to advance in employment, Example 1: The cost of a uniform or (Authority: Sections 12(c), 103(a)(6), and e.g., the employment is no longer consistent with the individual’s unique strengths, other suitable clothing that is required 121(b)(1)(B) of the Rehabilitation Act of 1973, as amended; 29 U.S.C. 709(c), 723(a)(6), and resources, priorities, concerns, abilities, for an individual’s job placement or job- capabilities, interests, and informed choice. seeking activities. 741(b)(1)(B)) Example 2: The cost of short-term Physical or mental impairment Representatives of the Tribal shelter that is required in order for an means— Vocational Rehabilitation program individual to participate in assessment (1) Any physiological disorder or means, consistent with 34 CFR activities or vocational training at a site condition, cosmetic disfigurement, or 371.21(b), those individuals specifically that is not within commuting distance anatomical loss affecting one or more of responsible for determining eligibility, of an individual’s home. the following body systems: the nature and scope of vocational Example 3: The initial one-time costs, Neurological, musculo-skeletal, special rehabilitation services, and the such as a security deposit or charges for sense organs, respiratory (including provision of those services. the initiation of utilities, that are speech organs), cardiovascular, (Authority: Sections 12(c) and 121(b)(1)(D) of required in order for an individual to reproductive, digestive, genitourinary, the Rehabilitation Act of 1973, as amended, relocate for a job placement. hemic and lymphatic, skin, and 29 U.S.C. 709(c) and 741(b)(1)(D)) Physical and mental restoration endocrine; or Reservation means a Federal or State services means— (2) Any mental or psychological Indian reservation, public domain (1) Corrective surgery or therapeutic disorder such as intellectual or Indian allotment, former Indian treatment that is likely, within a developmental disability, organic brain reservation in Oklahoma, land held by reasonable period of time, to correct or syndrome, emotional or mental illness, incorporated Native groups, regional modify substantially a stable or slowly and specific learning disabilities. corporations and village corporations progressive physical or mental (Authority: Sections 7(20)(A) and 12(c) of the under the provisions of the Alaska impairment that constitutes a Rehabilitation Act of 1973, as amended; 29 Native Claims Settlement Act; or a substantial impediment to employment; U.S.C. 705(20)(A) and 709(c)) defined area of land recognized by a (2) Diagnosis of and treatment for State or the Federal Government where mental or emotional disorders by Post-employment services means one or more of the services that are provided there is a concentration of tribal qualified personnel in accordance with members and on which the tribal State licensure laws; subsequent to the achievement of an employment outcome and that are government is providing structured (3) Dentistry; activities and services. (4) Nursing services; necessary for an individual to maintain, (5) Necessary hospitalization (either regain, or advance in employment, (Authority: Sections 12(c) and 121(e) of the inpatient or outpatient care) in consistent with the individual’s unique Rehabilitation Act of 1973, as amended; 29 connection with surgery or treatment strengths, resources, priorities, U.S.C. 709(c) and 741(e)) and clinic services; concerns, abilities, capabilities, Subsistence means a form of self- (6) Drugs and supplies; interests, and informed choice. employment in which individuals (7) Prosthetic and orthotic devices; (Authority: Sections 12(c) and 103(a)(18) of produce, using culturally relevant and (8) Eyeglasses and visual services, the Rehabilitation Act of 1973, as amended; traditional methods, goods or services including visual training, and the 29 U.S.C. 709(c)) and 723(a)(18)) that are predominantly consumed by examination and services necessary for Note to definition of post-employment their own household or used for the prescription and provision of services: Post-employment services are noncommercial customary trade or eyeglasses, contact lenses, microscopic intended to ensure that the employment barter and that constitute an important lenses, telescopic lenses, and other outcome remains consistent with the basis for the worker’s livelihood.

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(Authority: Section 12(c) of the support and maintain an individual expenses for training in the use of Rehabilitation Act of 1973, as amended; 29 with a most significant disability in public transportation vehicles and U.S.C. 709(c)) supported employment that are systems. Substantial impediment to provided by the Tribal Vocational (Authority: Sections 12(c) and 103(a)(8) of employment means that a physical or Rehabilitation Unit— the Rehabilitation Act of 1973, as amended, mental impairment (in light of attendant (1) Singly or in combination and are 29 U.S.C. 709(c) and 723(a)(8)) medical, psychological, vocational, organized and made available in such a Tribal organization means the educational, communication, and other way as to assist an eligible individual to recognized governing body of any related factors) hinders an individual achieve competitive integrated from preparing for, entering into, employment; Indian tribe or any legally established engaging in, advancing in or retaining (2) Based on a determination of the organization of Indians which is employment consistent with the needs of an eligible individual, as controlled, sanctioned, or chartered by individual’s abilities and capabilities. specified in an individualized plan for such governing body or which is democratically elected by the adult (Authority: Sections 7(20)(A) and 12(c) of the employment; (3) For a period of time not to exceed members of the Indian community to be Rehabilitation Act of 1973, as amended; 29 served by such organization and which U.S.C. 705(20)(A) and 709(c)) 24 months, unless under special circumstances the eligible individual includes the maximum participation of Supported employment means and the rehabilitation counselor or Indians in all phases of its activities. (1) Competitive integrated coordinator jointly agree to extend the employment, including customized (Authority: Sections 7(19) and 12(c) of the time to achieve the employment Rehabilitation Act of 1973, as amended; 29 employment, or employment in an outcome identified in the U.S.C. 705(19) and 709(c); Section 4 of the integrated work setting in which an individualized plan for employment; Indian Self-Determination and Education individual with a most significant and Assistance Act, 25 U.S.C. 450(b)) disability is working on a short-term (4) Following transition, as post- Tribal Vocational Rehabilitation basis toward competitive integrated employment services that are employment that is individualized and program means the unit designated by unavailable from an extended services the governing bodies of an Indian Tribe, customized, consistent with the unique provider and that are necessary to strengths, abilities, interests, and or consortia of governing bodies, to maintain or regain the job placement or implement and administer the grant informed choice of the individual, advance in employment. including with ongoing support services under this program in accordance with for individuals with the most significant (Authority: Sections 7(39) and 12(c) of the the purpose of the grant and all disabilities— Rehabilitation Act of 1973, as amended; 29 applicable programmatic and fiscal (i) For whom competitive integrated U.S.C. 705(39) and 709(c)) requirements. employment has not historically Transition services means a (Authority: Sections 12(c) and 121(b)(1) of occurred, or for whom competitive coordinated set of activities for an the Rehabilitation Act of 1973, as amended, integrated employment has been individual with a disability designed 29 U.S.C. 709(c) and 741(b)(1)) interrupted or intermittent as a result of within an outcome-oriented process that Vocational Rehabilitation Services for a significant disability; and promotes movement from school to Individuals means any services (ii) Who, because of the nature and post-school activities, including described in an individualized plan for severity of their disability, need postsecondary education, vocational employment necessary to assist an intensive supported employment training, integrated employment individual with a disability in preparing services and extended services after the (including supported employment), for, securing, retaining, advancing in or transition from support provided by the continuing and adult education, adult regaining an employment outcome that Tribal Vocational Rehabilitation Unit, in services, independent living, or is consistent with the unique strengths, order to perform this work; or community participation. The resources, priorities, concerns, abilities, (2) Transitional employment for coordinated set of activities must be capabilities, interests, and informed individuals with the most significant based upon the individual student’s choice of the individual, including, but disabilities due to mental illness. needs, taking into account the student’s not limited to— (3) Short-term basis. For purposes of preferences and interests, and must (1) An assessment for determining this part, an individual with the most include instruction, community eligibility and vocational rehabilitation significant disabilities, whose supported experiences, the development of needs by qualified personnel, including, employment in an integrated setting employment and other post-school adult if appropriate, an assessment by does not satisfy the criteria of living objectives, and, if appropriate, personnel skilled in rehabilitation competitive integrated employment, is acquisition of daily living skills and technology. considered to be working on a short- functional vocational evaluation. (2) Vocational rehabilitation term basis toward competitive Transition services must promote or counseling and guidance, including integrated employment so long as the facilitate the achievement of the information and support services to individual can reasonably anticipate employment outcome identified in the assist an individual in exercising achieving competitive integrated student’s individualized plan for informed choice. employment within six months of employment. (3) Referral and other services achieving an employment outcome of (Authority: Sections 12(c), 103(a)(15), and necessary to assist applicants and supported employment. (b)(7) of the Rehabilitation Act of 1973, as eligible individuals to secure needed (Authority: Sections 7(38) and 12(c) of the amended; 29 U.S.C. 709(c), 723(a)(15), and services from other agencies and to Rehabilitation Act of 1973, as amended; 29 (b)(7)) advise those individuals about client U.S.C. 705(38) and 709(c)) Transportation means travel and assistance programs established under Supported employment services related expenses that are necessary to 34 CFR part 370. means ongoing support services, enable an applicant or eligible (4) Physical and mental restoration including customized employment, and individual to participate in a vocational services, to the extent that financial other appropriate services needed to rehabilitation service, including support is not readily available from a

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source other than the Tribal Vocational establishing a small business operation (2) The establishment, development, Rehabilitation unit (such as through as an employment outcome. or improvement of community health insurance or a comparable (19) Customized employment. rehabilitation programs, including, service or benefit. (20) Other goods and services under special circumstances, the (5) Vocational and other training determined necessary for the individual construction of a facility. Such programs services, including personal and with a disability to achieve an shall be used to provide services vocational adjustment training, employment outcome. described in this section that promote advanced training in science, Vocational Rehabilitation Services for integration into the community and that technology, engineering, or mathematics Groups of Individuals provided for the prepare individuals with disabilities for (including computer science) field, benefit of groups of individuals with competitive integrated employment, medicine, law or business; books, tools, disabilities may also include the including supported employment and and other training materials, except that following: customized employment. Examples of no training or training services in an (1) In the case of any type of small ‘‘special circumstances’’ include the institution of higher education business operated by individuals with destruction by natural disaster of the (universities, colleges, community or significant disabilities under the only available center serving an area or junior colleges, vocational schools, supervision of the Tribal Vocational a Tribal Vocational Rehabilitation unit technical institutes, or hospital schools Rehabilitation unit, management determination that construction is of nursing) may be paid for with funds services and supervision provided by necessary in a rural area because no under this part unless maximum efforts the Tribal Vocational Rehabilitation other public agencies or private have been made by the Tribal unit, along with the acquisition by the nonprofit organizations are currently Vocational Rehabilitation unit and the Tribal Vocational Rehabilitation unit of able to provide vocational rehabilitation individual to secure grant assistance in vending facilities or other equipment services to individuals. whole or in part from other sources to and initial stocks and supplies in (3) The use of telecommunications pay for that training. accordance with the following systems (including telephone, (6) Maintenance. requirements: television, video description services, (7) Transportation in connection with (i) Management services and satellite, radio, tactile-vibratory devices, and other similar systems) that have the the rendering of any vocational supervision includes inspection, quality potential for substantially improving rehabilitation service. control, consultation, accounting, vocational rehabilitation service (8) Vocational rehabilitation services regulating, in-service training, and delivery methods and developing to family members of an applicant or related services provided on a appropriate programming to meet the eligible individual if necessary to enable systematic basis to support and improve particular needs of individuals with the applicant or eligible individual to small business enterprises operated by disabilities. achieve an employment outcome. individuals with significant disabilities. (4)(i) Special services to provide (9) Interpreter services, including sign Management services and supervision nonvisual access to information for language and oral interpreter services, may be provided throughout the individuals who are blind, including the for individuals who are deaf or hard of operation of the small business use of telecommunications, Braille, hearing and tactile interpreting services enterprise. sound recordings, or other appropriate for individuals who are deaf-blind (ii) Initial stocks and supplies include media; captioned television, films, or provided by qualified personnel. those items necessary to the video cassettes for individuals who are (10) Reader services, rehabilitation establishment of a new business deaf or hard of hearing; tactile materials teaching services, and orientation and enterprise during the initial for individuals who are deaf-blind; and mobility services for individuals who establishment period, which may not other special services that provide are blind. exceed 6 months. information through tactile, vibratory, (11) Job-related services, including job (iii) Costs of establishing a small auditory, and visual media. search and placement assistance, job business enterprise may include (5) Technical assistance to businesses retention services, follow-up services, operational costs during the initial that are seeking to employ individuals and follow-along services. establishment period, which may not with disabilities. (12) Supported employment services. exceed six months. (6) Consultation and technical (13) Personal assistance services. (iv) If the Tribal Vocational assistance services to assist State (14) Post-employment services. Rehabilitation unit provides for these educational agencies and local (15) Occupational licenses, tools, services, it must ensure that only educational agencies in planning for the equipment, initial stocks, and supplies. individuals with significant disabilities transition of students with disabilities (16) Rehabilitation technology, will be selected to participate in this from school to postsecondary life, including vehicular modification, supervised program. including employment. telecommunications, sensory, and other (v) If the Tribal Vocational (7) Transition services to youth with technological aids and devices. Rehabilitation unit provides for these disabilities and students with (17) Transition services for students services and chooses to set aside funds disabilities, for which a vocational with disabilities that facilitate the from the proceeds of the operation of rehabilitation counselor works in transition from school to postsecondary the small business enterprises, the concert with educational agencies, life, such as achievement of an Tribal Vocational Rehabilitation unit providers of job training programs, employment outcome in competitive must maintain a description of the providers of services under the integrated employment. methods used in setting aside funds and Medicaid program under title XIX of the (18) Technical assistance and other the purposes for which funds are set Social Security Act (42 U.S.C. 1396 et consultation services to conduct market aside. Funds may be used only for small seq.), entities designated by the Tribal analyses, develop business plans, and business enterprises purposes, and Vocational Rehabilitation unit to otherwise provide resources to eligible benefits that are provided to operators provide services for individuals with individuals who are pursuing self- from set-aside funds must be provided developmental disabilities, centers for employment or telecommuting or on an equitable basis. independent living (as defined in

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section 702 of the Act), housing and (Authority: Sections 12(c) and 103(a) and (b) § 371.13 How does the Secretary transportation authorities, workforce of the Rehabilitation Act of 1973, as determine funding priorities? development systems, and businesses amended, 29 U.S.C. 709(c) and 723(a) and The Secretary shall conduct a survey and employers. These specific transition (b)) of the governing bodies of Indian tribes services are to benefit a group of Subpart B—Training and Technical funded under this part regarding students with disabilities or youth with Assistance training and technical assistance needs disabilities and are not individualized in order to determine funding priorities services directly related to an IPE goal. § 371.10 What are the requirements for for such training and technical Services may include, but are not funding training and technical assistance assistance. under this chapter? limited to group tours of universities (Authority: Sections 12(c) and Section 121(c) and vocational training programs, The Secretary shall first reserve not of the Rehabilitation Act of 1973, as employer or business site visits to learn less than 1.8 percent and not more than amended; 29 U.S.C. 709(c) and 741(c)) about career opportunities, career fairs 2 percent of funds appropriated and § 371.14 How does the Secretary evaluate coordinated with workforce made available to carry out this program development and employers to facilitate an application? to provide training and technical mock interviews and resume writing, (a) The Secretary evaluates each assistance to the governing bodies of and other general services applicable to application for a grant, cooperative Indian tribes and consortia of those groups of students with disabilities and agreement or contract under this subpart governing bodies awarded a grant under youth with disabilities. on the basis of the selection criteria this program. (8) The establishment, development, chosen from the general selection or improvement of assistive technology (Authority: Sections 12(c) and Section 121(c) criteria found in EDGAR regulations at demonstration, loan, reutilization, or of the Rehabilitation Act of 1973, as 34 CFR 75.210. financing programs in coordination with amended; 29 U.S.C. 709(c) and 741(c)) (b) The Secretary may award a activities authorized under the Assistive § 371.11 How does the Secretary use these competitive preference consistent with Technology Act of 1998 (29 U.S.C. 3001 funds to provide training and technical 34 CFR 75.102(c)(2) to applications that et seq.) to promote access to assistive assistance? include as project personnel in a technology for individuals with substantive role, individuals that have (a) The Secretary uses these funds to disabilities and employers. been employed as a project director or make grants to, or enter into contracts or (9) Support (including, as appropriate, VR counselor by a Tribal Vocational other cooperative agreements with, tuition) for advanced training in a Rehabilitation unit funded under this entities that have staff with experience science, technology, engineering, or part. in the operation of vocational mathematics (including computer (c) If the Secretary uses a contract to rehabilitation services programs under science) field, medicine, law, or award funds under this subpart, the this part. business, provided after an individual application process will be conducted eligible to receive services under this (b) An entity receiving assistance in and the subsequent award will be made title, demonstrates accordance with paragraph (a) of this in accordance with 34 CFR part 75. (i) Such eligibility; section shall provide training and (Authority: Sections 12(c) and Section 121(c) (ii) Previous completion of a technical assistance with respect to bachelor’s degree program at an of the Rehabilitation Act of 1973, as developing, conducting, administering, amended; 29 U.S.C. 709(c) and 741(c)) institution of higher education or and evaluating tribal vocational scheduled completion of such degree rehabilitation programs funded under Subpart C—How Does One Apply for a program prior to matriculating in the this part. Grant? program for which the individual proposes to use the support; and (Authority: Sections 12(c) and Section 121(c) § 371.20 What are the application (iii) Acceptance by a program at an of the Rehabilitation Act of 1973, as procedures for this program? amended; 29 U.S.C. 709(c) and 741(c)) institution of higher education in the (a) In the development of an United States that confers a master’s § 371.12 How does the Secretary make an application, the applicant is required to degree in a science, technology, award? consult with the designated State unit engineering, or mathematics (including (DSU) for the state vocational computer science) field, a juris doctor (a) To be eligible to receive a grant or enter into a contract or cooperative rehabilitation program in the State or degree, a master of business States in which vocational rehabilitation administration degree, or a doctor of agreement under section 121(c) of the Act and this subpart, an applicant shall services are to be provided. medicine degree, except that no training (b) The procedures for the review and provided at an institution of higher submit an application to the Secretary at such time, in such manner, and comment by the DSU or the DSUs of the education shall be paid for with funds State or States in which vocational under this program unless maximum containing a proposal to provide such training and technical assistance, and rehabilitation services are to be efforts have been made by the Tribal provided on applications submitted Vocational Rehabilitation unit and the any additional information as the Secretary may require. from within the State that the DSU or individual to secure grant assistance, in DSUs serve are in 34 CFR 75.155– whole or in part, from other sources to (b) The Secretary shall provide for 75.159. pay for such training. Nothing in this peer review of applications by panels paragraph shall prevent any Tribal that include persons who are not (Authority: Sections 12(c) and 121(b)(1)(C) of Federal or State government employees the Rehabilitation Act of 1973, as amended; Vocational Rehabilitation unit from 29 U.S.C. 709(c) and 741(b)(1)(C)) providing similar support to individuals and who have experience in the with disabilities pursuant to their operation of vocational rehabilitation § 371.21 What are the special application approved IPEs who are eligible to services programs under this part. requirements related to the projects funded under this part? receive support under this program and (Authority: Sections 12(c) and Section 121(c) who are not served under this of the Rehabilitation Act of 1973, as Each applicant under this program paragraph. amended; 29 U.S.C. 709(c) and 741(c)) must provide evidence that—

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(a) Effort will be made to provide a providing vocational rehabilitation Secretary approves all applications broad scope of vocational rehabilitation services to other individuals with which meet acceptable standards of services in a manner and at a level of disabilities who reside in the State or program quality. If any application is quality at least comparable to those States being served. not approved because of deficiencies in services provided by the designated (Authority: Sections 12(c) and 101(a)(11)(F) proposed program standards, the State unit. of the Rehabilitation Act of 1973, as Secretary provides technical assistance (Authority: Sections 12(c) and 121(b)(1)(B) of amended; 29 U.S.C. 709(c) and 721(a)(11)(F)) to the applicant Indian tribe with respect to any areas of the proposal the Rehabilitation Act of 1973, as amended; (h) Any comparable services and which were judged to be deficient. 29 U.S.C. 709(c) and 741(b)(1)(B)) benefits available to American Indians (b) All decisions affecting eligibility with disabilities under any other (Authority: Sections 12(c) and 121(b)(1)(A) of for vocational rehabilitation services, program, which might meet in whole or the Rehabilitation Act of 1973, as amended; the nature and scope of available in part the cost of any vocational 29 U.S.C. 709(c) and 741(b)(1)(A)) vocational rehabilitation services and rehabilitation service, will be fully § 371.32 What other factors does the the provision of such services will be considered in the provision of Secretary consider in reviewing an made by a representative of the tribal vocational rehabilitation services. application? vocational rehabilitation program (Authority: Sections 12(c) and 101(a)(8) of In addition to the selection criteria funded through this grant and such the Rehabilitation Act of 1973, as amended; used in accordance with the procedures decisions will not be delegated to 29 U.S.C. 709(c) and 721(a)(8)) in 34 CFR part 75, the Secretary, in another agency or individual. (i) Any American Indian with making an award under this program, (Authority: Sections 12(c) and 121(b)(1)(D) of disabilities who is an applicant or considers the past performance of the the Rehabilitation Act of 1973, as amended; recipient of services, and who is applicant in carrying out similar 29 U.S.C. 709(c) and 741(b)(1)(D)) dissatisfied with a determination made activities under previously awarded (c) Priority in the delivery of by a representative of the tribal grants, as indicated by such factors as vocational rehabilitation services will be vocational rehabilitation program and compliance with grant conditions, given to those American Indians with files a request for a review, will be soundness of programmatic and disabilities who are the most afforded a review under procedures financial management practices and significantly disabled. developed by the grantee comparable to attainment of established project objectives. (Authority: Sections 12(c) and 101(a)(5) of those under the provisions of section the Rehabilitation Act of 1973, as amended; 102(c)(1)–(5) and (7) of the Act. (Authority: Sections 12(c) and 121(b)(1)(A) of 29 U.S.C. 709(c) and 721(a)(5)) the Rehabilitation Act of 1973, as amended; (Authority: Sections 12(c) and 102(c) of the 29 U.S.C. 709(c) and 741(b)(1)(A)) (d) An order of selection of Rehabilitation Act of 1973, as amended; 29 individuals with disabilities to be U.S.C. 709(c) and 722(c)(1)–(5) and (7)) Subpart E—What Conditions Apply to served under the program will be (j) The tribal vocational rehabilitation a Grantee Under this Program? specified if services cannot be provided program funded under this part must to all eligible American Indians with § 371.40 What are the matching assure that any facility used in requirements? disabilities who apply. connection with the delivery of vocational rehabilitation services meets (a) Federal share Except as provided (Authority: Sections 12(c) and 101(a)(5) of in paragraph (c) of this section, the program accessibility requirements the Rehabilitation Act of 1973, as amended; Federal share may not be more than 90 29 U.S.C. 709 (c) and 721(a)(5)) consistent with the requirements, as percent of the total cost of the project. applicable, of the Architectural Barriers (e) All vocational rehabilitation (b) Non-Federal share The non- Act of 1968, the Americans with services will be provided according to Federal share of the cost of the project Disabilities Act of 1990, section 504 of an individualized plan for employment may be in cash or in kind, fairly valued the Act, and the regulations which has been developed jointly by the pursuant to match requirements in 2 implementing these laws. representative of the tribal vocational CFR 200.306. rehabilitation program and each (Authority: Sections 12(c) and 101(a)(6)(C) of (c) Waiver of non-Federal share In American Indian with disabilities being the Rehabilitation Act of 1973, as amended; order to carry out the purposes of the served. 29 U.S.C. 709(c) and 721(a)(6)(C)) program, the Secretary may waive the (Authority: Sections 12(c) and 101(a)(9) of (k) The tribal vocational rehabilitation non-Federal share requirement, in part the Rehabilitation Act of 1973, as amended; program funded under this part must or in whole, only if the applicant 29 U.S.C. 709(c) and 721 (a)(9)) ensure that providers of vocational demonstrates that it does not have (f) American Indians with disabilities rehabilitation services are able to sufficient resources to contribute the living on or near Federal or State communicate in the native language of, non-Federal share of the cost of the reservations where tribal vocational or by using an appropriate mode of project. rehabilitation service programs are communication with, applicants and (Authority: Sections 12(c) and 121(a) of the being carried out under this part will eligible individuals who have limited Rehabilitation Act of 1973, as amended; 29 have an opportunity to participate in English speaking ability, unless it is U.S.C. 709(c) and 741(a)) clearly not feasible to do so. matters of general policy development § 371.41 What are allowable costs? and implementation affecting vocational (Authority: Sections 12(c) and 101(a)(6)(A) of (a) In addition to those allowable cost rehabilitation service delivery by the the Rehabilitation Act of 1973, as amended; established in 2 CFR 200.400–200.475, tribal vocational rehabilitation program. 29 U.S.C. 709(c) and 721(a)(6)(A)) the following items are allowable costs (Authority: Sections 12(c) and 101(a)(16) of Subpart D—How Does the Secretary under this program— the Rehabilitation Act of 1973, as amended; Make a Grant? (1) Expenditures for the provision of 29 U.S.C. 709(c) and 721(a)(16)) vocational rehabilitation services and (g) Cooperative working arrangements § 371.31 How are grants awarded? for the administration, including staff will be developed with the DSU, or To the extent that funds have been development, of a program of vocational DSUs, as appropriate, which are appropriated under this program, the rehabilitation services.

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(2) Expenditures for services (Authority: Sections 12(c) and 121(b)(2) of purchased vocational rehabilitation reflecting the cultural background of the the Rehabilitation Act of 1973, as amended; services. American Indians being served, 29 U.S.C. 709(c) and 741(b)(2)) (ii) The Tribal Vocational including treatment provided by native (c) The provisions of sections 5, 6, 7, Rehabilitation unit may establish a fee healing practitioners who are and 102(a) of the Indian Self- schedule designed to ensure the recognized as such by the tribal Determination and Education program pays a reasonable cost for each vocational rehabilitation program when Assistance Act also apply under this service, as long as the fee schedule— the services are necessary to assist an program (25 U.S.C. 450c, 450d, 450e, (A) Is not so low as effectively to deny individual with disabilities to achieve and 450f(a)). These provisions relate to an individual a necessary service; and his or her vocational rehabilitation grant reporting and audit requirements, (B) permits exceptions so that objective. maintenance of records, access to individual needs can be addressed. (b) Expenditures may not be made records, availability of required reports (C) The Tribal Vocational under this program to cover the costs of and information to Indian people served Rehabilitation unit may not place absolute dollar limits on the amount it providing vocational rehabilitation or represented, repayment of will pay for specific service categories services to individuals with disabilities unexpended Federal funds, criminal or on the total services provided to an not residing on or near Federal or State activities involving grants, penalties, individual. wage and labor standards, preference reservations. (3) Duration of services (i) The Tribal (Authority: Sections 12(c) and 121(a) and requirements for American Indians in Vocational Rehabilitation unit may (b)(1) of the Rehabilitation Act of 1973, as the conduct and administration of the establish reasonable time periods for the amended; 29 U.S.C. 709(c) and 741(a) and grant, and requirements affecting provision of services provided that the (b)(1)) requests of tribal organizations to enter time periods— into contracts. For purposes of applying (A) Are not so short as effectively to § 371.42 How are services to be these requirements to this program, the administered under this program? deny an individual a necessary service; Secretary carries out those (a) Directly or by contract. A grantee and responsibilities assigned to the (B) Permit exceptions so that under this part may provide the Secretary of Interior. individual needs can be addressed. vocational rehabilitation services (ii) The Tribal Vocational directly or it may contract or otherwise (Authority: Sec. 12(c) and 121(b)(2) of the Rehabilitation Act of 1973, as amended; 29 Rehabilitation unit may not place time enter into an agreement with a DSU, a U.S.C. 709(c) and 741(b)(2)) limits on the provision of specific community rehabilitation program, or services or on the provision of services another agency to assist in the (d) The Tribal Vocational Rehabilitation unit must develop and to an individual. The duration of each implementation of the tribal vocational service needed by an individual must be rehabilitation program. maintain written policies regarding the provision of vocational rehabilitation determined on the basis of that (b) Inter-tribal agreement. A grantee individual’s needs and reflected in that under this part may enter into an inter- services that ensure that the provision of services is based on the vocational individual’s individualized plan for tribal arrangement with governing employment. bodies of other Indian tribes for carrying rehabilitation needs of each individual as identified in that individual’s IPE and (4) Authorization of services. The out a project that serves more than one Tribal Vocational Rehabilitation unit Indian tribe. is consistent with the individual’s informed choice. The written policies must establish policies related to the (c) Comparable services. To the timely authorization of services. maximum extent feasible, services may not establish any arbitrary limits on (Authority: Sections 12(c) and 121(b) of the provided by a grantee under this part the nature and scope of vocational rehabilitation services to be provided to Rehabilitation Act of 1973, as amended, 29 must be comparable to vocational U.S.C. 709(c) and 741(b)) rehabilitation services provided under the individual to achieve an (e) Informed choice. Each individual the State vocational rehabilitation employment outcome. The policies who is an applicant for or eligible to program to other individuals with must be developed in accordance with receive vocational rehabilitation disabilities residing in the State. the following provisions: (1) Off-reservation services. (i) The services must be afforded the (Authority: Sections 12(c) and 121(b)(1)(B) of Tribal Vocational Rehabilitation unit opportunity to exercise informed choice the Rehabilitation Act of 1973, as amended; may establish a preference for on- or throughout the vocational rehabilitation 29 U.S.C. 709(c) and 741(b)(1)(B)) near-reservation services, provided that process carried out under programs § 371.43 What other special conditions the preference does not effectively deny funded under this part. The Tribal apply to this program? an individual a necessary service. If the Vocational Rehabilitation unit must (a) Any American Indian with individual chooses an equivalent off- develop and maintain written policies disabilities who is eligible for services reservation service at a higher cost than and procedures that require it— under this program but who wishes to an available in-State service, the Tribal (1) To inform each applicant and be provided services by the DSU must Vocational Rehabilitation unit is not eligible individual, through appropriate be referred to the DSU for such services. responsible for those costs in excess of modes of communication, about the the cost of the on- or near-reservation availability of, and opportunities to (Authority: Sec. 12(c) and 121(b)(3) of the service, if either service would meet the exercise, informed choice, including the Rehabilitation Act of 1973, as amended; 29 availability of support services for U.S.C. 709(c) and 741(b)(3)) individual’s rehabilitation needs. (ii) The Tribal Vocational individuals with cognitive or other (b) Preference in employment in Rehabilitation unit may not establish disabilities who require assistance in connection with the provision of policies that effectively prohibit the exercising informed choice, throughout vocational rehabilitation services under provision of off-reservation services. the vocational rehabilitation process; this section must be given to American (2) Payment for services (i) The Tribal (2) To assist applicants and eligible Indians, with a special priority being Vocational Rehabilitation unit must individuals in exercising informed given to American Indians with establish and maintain written policies choice in decisions related to the disabilities. to govern the rates of payment for all provision of assessment services;

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(3) To develop and implement flexible State unit may use, but is not limited to, Rehabilitation unit requires or does not procurement policies and methods that the following methods or sources of require informed written consent of the facilitate the provision of vocational information: individual before information may be rehabilitation services, and that afford (i) Lists of services and service released; and eligible individuals meaningful choices providers. (E) Identification of other agencies to among the methods used to procure (ii) Periodic consumer satisfaction which information is routinely released; vocational rehabilitation services; surveys and reports. (iv) An explanation of the Tribal (4) To provide or assist eligible (iii) Referrals to other consumers, Vocational Rehabilitation unit’s policies individuals in acquiring information consumer groups, or disability advisory and procedures affecting personal that enables them to exercise informed councils qualified to discuss the information will be provided to each choice in the development of their IPEs services or service providers. individual in that individual’s native and selection of— (iv) Relevant accreditation, language or through the appropriate (i) The employment outcome; certification, or other information mode of communication; and (ii) The specific vocational relating to the qualifications of service (v) These policies and procedures rehabilitation services needed to providers. provide no fewer protections for achieve the employment outcome; (v) Opportunities for individuals to individuals than State laws and (iii) The entity that will provide the visit or experience various work and regulations. services; service provider settings. (2) The Tribal Vocational Rehabilitation unit may establish (iv) The employment setting and the (Approved by the Office of Management reasonable fees to cover extraordinary settings in which the services will be and Budget under control number 1820– costs of duplicating records or making provided; and 0500) (v) The methods available for extensive searches and must establish procuring the services; and (Authority: Sections 12(c), 102(b)(2)(B), and policies and procedures governing (5) To ensure that the availability and 102(d) of the Rehabilitation Act of 1973, as access to records. scope of informed choice is consistent amended; 29 U.S.C. 709(c), 722(b)(2)(B), and (b) Tribal Vocational Rehabilitation 722(d)) with the obligations of the Tribal Program Use. All personal information Vocational Rehabilitation unit. § 371.44 What are the special in the possession of the Tribal (6) Information and assistance in the requirements pertaining to the protection, Vocational Rehabilitation unit must be selection of vocational rehabilitation use, and release of personal information? used only for the purposes directly services and service providers. In (a) General provisions. (1) Tribal connected with the administration of assisting an applicant and eligible Vocational Rehabilitation unit must the Tribal Vocational Rehabilitation individual in exercising informed adopt and implement written policies program. Information containing choice during the assessment for and procedures to safeguard the identifiable personal information may determining eligibility and vocational confidentiality of all personal not be shared with advisory or other rehabilitation needs and during information, including photographs and bodies or other tribal agencies that do development of the IPE, the designated lists of names. These policies and not have official responsibility for State unit must provide the individual procedures must ensure that— administration of the program. In the or the individual’s representative, or (i) Specific safeguards are established administration of the program, the assist the individual or the individual’s to protect current and stored personal Tribal Vocational Rehabilitation unit representative in acquiring, information information; may obtain personal information from necessary to make an informed choice (ii) All applicants and eligible service providers and cooperating about the specific vocational individuals and, as appropriate, those agencies under assurances that the rehabilitation services, including the individuals’ representatives, service information may not be further providers of those services, that are providers, cooperating agencies, and divulged, except as provided under needed to achieve the individual’s interested persons are informed through paragraphs (c), (d), and (e) of this employment outcome. This information appropriate modes of communication of section. must include, at a minimum, the confidentiality of personal (c) Release to applicants and eligible information relating to the— information and the conditions for individuals. (1) Except as provided in (i) Cost, accessibility, and duration of accessing and releasing this paragraphs (c)(2) and (c)(3) of this potential services; information; section, if requested in writing by an (ii) Consumer satisfaction with those (iii) All applicants or their applicant or eligible individual, the services to the extent that information representatives are informed about the Tribal Vocational Rehabilitation unit relating to consumer satisfaction is Tribal Vocational Rehabilitation unit’s must make all requested information in available; need to collect personal information and that individual’s record of services (iii) Qualifications of potential service the policies governing its use, accessible to and must release the providers; including— information to the individual or the (iv) Types of services offered by the (A) Identification of the authority individual’s representative in a timely potential providers; under which information is collected; manner. (v) Degree to which services are (B) Explanation of the principal (2) Medical, psychological, or other provided in integrated settings; and purposes for which the Tribal information that the Tribal Vocational (vi) Outcomes achieved by Vocational Rehabilitation unit intends Rehabilitation unit determines may be individuals working with service to use or release the information; harmful to the individual may not be providers, to the extent that such (C) Explanation of whether providing released directly to the individual, but information is available. requested information to the Tribal must be provided to the individual (7) Methods or sources of information. Vocational Rehabilitation unit is through a third party chosen by the In providing or assisting the individual mandatory or voluntary and the effects individual, which may include, among or the individual’s representative in of not providing requested information; others, an advocate, a family member, or acquiring the information required (D) Identification of those situations a qualified medical or mental health under paragraph (c) of this section, the in which the Tribal Vocational professional, unless a representative has

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been appointed by a court to represent purpose for which it is being provided Subpart C—What Conditions Must Be Met the individual, in which case the and will not be further released to the By a Grantee? information must be released to the individual. 373.20 What are the matching court-appointed representative. (3) The Tribal Vocational requirements? (3) If personal information has been Rehabilitation unit must release 373.21 What are the reporting obtained from another agency or personal information if required by requirements? organization, it may be released only by, Federal law or regulations. 373.22 What are the limitations on indirect costs? or under the conditions established by, (4) The Tribal Vocational 373.23 What additional requirements must the other agency or organization. Rehabilitation unit must release be met? (4) An applicant or eligible individual personal information in response to 373.24 What are the special requirements who believes that information in the investigations in connection with law pertaining to the protection, use, and individual’s record of services is enforcement, fraud, or abuse, unless release of personal information? inaccurate or misleading may request expressly prohibited by Federal or State Authority: Section 303(b) of the that the Tribal Vocational Rehabilitation laws or regulations, and in response to Rehabilitation Act of 1973, as amended; 29 unit amend the information. If the an order issued by a judge, magistrate, U.S.C. 773(b), unless otherwise noted. information is not amended, the request or other authorized judicial officer. for an amendment must be documented (5) The Tribal Vocational Subpart A—General in the record of services. Rehabilitation unit also may release § 373.1 What is the purpose of the Special (d) Release for audit, evaluation, and personal information in order to protect Demonstration Programs? research. Personal information may be the individual or others if the individual The purpose of this program is to released to an organization, agency, or poses a threat to his or her safety or to provide competitive grants, including individual engaged in audit, evaluation, the safety of others. cooperative agreements, to, or enter into or research only for purposes directly (Authority: Sections 12(c) and 121(b)(1) of contracts with, eligible entities to connected with the administration of the Rehabilitation Act of 1973, as amended; expand and improve the provision of the tribal vocational rehabilitation 29 U.S.C. 709(c) and 741(b)(1)) vocational rehabilitation and other program or for purposes that would services authorized under the significantly improve the quality of life § 371.45 What notice must be given about the Client Assistance Program (CAP)? Rehabilitation Act of 1973, as amended for applicants and eligible individuals (Act), or to further the purposes and and only if the organization, agency, or The Tribal Vocational Rehabilitation unit shall use formats that are accessible policies in sections 2(b) and (c) of the individual assures that— Act by supporting activities that (1) The information will be used only to notify individuals seeking or increase the provision, extent, for the purposes for which it is being receiving services under this part, or as availability, scope, and quality of provided; appropriate, the parents, family (2) The information will be released members, guardians, advocates, or rehabilitation services under the Act, only to persons officially connected authorized representatives of those including related research and with the audit, evaluation, or research; individuals, about— evaluation activities. (3) The information will not be (a) The availability of CAP authorized (Authority: Sections 2(b) and (c), 7(40), 12(c), released to the involved individual; by section 112 of the Act; and 303(b) of the Rehabilitation Act of 1973, (4) The information will be managed (b) The purposes of the services as amended; 29 U.S.C. 701(b) and (c), in a manner to safeguard confidentiality; provided under the CAP; and 705(40), 709(c), and 773(b)) (c) How to contact the CAP. and § 373.2 Who is eligible for assistance? (5) The final product will not reveal (Authority: Section 20 of the Rehabilitation (a) The following types of any personal identifying information Act of 1973, as amended; 29 U.S.C. 717) organizations are eligible for assistance without the informed written consent of ■ 5. Part 373 is revised to read as under this program: the involved individual or the follows: (1) State vocational rehabilitation individual’s representative. agencies. (e) Release to other programs or PART 373—SPECIAL (2) Community rehabilitation authorities. (1) Upon receiving the DEMONSTRATION PROGRAMS programs. informed written consent of the (3) Indian tribes or tribal Subpart A—General individual or, if appropriate, the organizations. individual’s representative, the Tribal Sec. (4) Other public or nonprofit agencies Vocational Rehabilitation unit may 373.1 What is the purpose of the Special or organizations, including institutions release personal information to another Demonstration Programs? of higher education. agency or organization for its program 373.2 Who is eligible for assistance? (5) For-profit organizations, if the 373.3 What regulations apply? purposes only to the extent that the Secretary considers them to be information may be released to the 373.4 What definitions apply? 373.5 Who is eligible to receive services appropriate. involved individual or the individual’s and to benefit from activities conducted (6) Consortia that meet the representative and only to the extent by eligible entities? requirements of 34 CFR 75.128 and that the other agency or organization 373.6 What types of projects may be 75.129. demonstrates that the information funded? (7) Other organizations identified by requested is necessary for its program. 373.7 What are the priorities and other the Secretary and published in the (2) Medical or psychological factors and requirements for Federal Register. information that the Tribal Vocational competitions? (b) In competitions held under this Rehabilitation unit determines may be Subpart B—How Does the Secretary Make program, the Secretary may limit harmful to the individual may be a Grant? competitions to one or more types of released if the other agency or 373.10 What selection criteria does the these organizations. organization assures the Tribal Secretary use? (Authority: Sections 12(c) and 303(b)(2) of Vocational Rehabilitation unit that the 373.11 What other factors does the the Rehabilitation Act of 1973, as amended; information will be used only for the Secretary consider when making a grant? 29 U.S.C. 709(c) and 773(b)(2))

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§ 373.3 What regulations apply? more disabling, such as multiple intellectual disability, respiratory or The following regulations apply to sclerosis, progressive visual disabilities, pulmonary dysfunction, mental illness, this program: or HIV. multiple sclerosis, muscular dystrophy, (a) The Education Department General (2) Individuals in the acute stages of musculo-skeletal disorders, neurological Administrative Regulations (EDGAR) as injury or illness, including, but not disorders (including stroke and follows: limited to, diabetes, traumatic brain epilepsy), paraplegia, quadriplegia and (1) 34 CFR part 75 (Direct Grant injury, stroke, burns, or amputation. other spinal cord conditions, sickle-cell Programs). anemia, specific learning disabilities, (2) 34 CFR part 77 (Definitions that (Authority: Sections 12(c) and 303(b) of the Rehabilitation Act of 1973, as amended; 29 end-stage renal disease, or another Apply to Department Regulations). U.S.C. 709(c) and 773(b)) disability or combination of disabilities (3) 34 CFR part 79 (Intergovernmental determined on the basis of an Employment outcome is defined in 34 Review of Department of Education assessment for determining eligibility CFR 361.5. Programs and Activities). and vocational rehabilitation needs to (4) 34 CFR part 81 (General Education (Authority: Section 7(11) of the cause comparable substantial functional Provisions Act—Enforcement). Rehabilitation Act of 1973, as amended; 29 limitation. (5) 35 CFR part 82 (New Restrictions U.S.C. 705(11)) (Authority: Section 7(21)(A) of the on Lobbying). Individual with a disability is defined (6) 34 CFR part 84 (Governmentwide Rehabilitation Act of 1973, as amended; 29 as follows: Requirements for Drug-Free Workplace U.S.C. 705(21)(A)) (1) For an individual who will receive (Financial Assistance). Informed choice means the provision rehabilitation services under this part, (7) 34 CFR part 86 (Drug and Alcohol of activities whereby individuals with an individual with a disability means an Abuse Prevention). disabilities served by projects under this individual— (8) 34 CFR part 97 (Protection of part have the opportunity to be active, (i) Who has a physical or mental Human Subjects). full partners in the rehabilitation impairment which, for that individual, (9) 34 CFR part 98 (Student Rights in process, making meaningful and constitutes or results in a substantial Research, Experimental Programs, and informed choices as follows: Testing. impediment to employment; and (1) During assessments of eligibility (ii) Who can benefit in terms of an (10) 34 CFR part 99 (Family and vocational rehabilitation needs. Educational Rights and Privacy). employment outcome from vocational (2) In the selection of employment (b) The regulations in this part 373. rehabilitation services. outcomes, services needed to achieve (c) The regulations in 48 CFR part 31 (2) For all other purposes of this part, the outcomes, entities providing these (Contracts Cost Principles and an individual with a disability means an services, and the methods used to Procedures). individual— secure these services. (d)(1) 2 CFR part 180 (i) Who has a physical or mental (Nonprocurement Debarment and impairment that substantially limits one (Authority: Sections 2(c) and 12(c) of the Act Suspension), as adopted at 2 CFR part or more major life activities; 29 U.S.C. 701(c) and 709(c)) 3485; and (ii) Who has a record of such an Rehabilitation services means (2) 2 CFR part 200 (Uniform impairment; or services, including vocational, medical, Administrative Requirements, Cost (iii) Who is regarded as having such social, and psychological rehabilitation Principles, and Audit Requirements for an impairment. services and other services under the Federal Awards) as adopted at 2 CFR (3) For purposes of paragraph (b) of Rehabilitation Act, provided to part 3474. this definition, projects that carry out individuals with disabilities in (Authority: Sections 12(c) and 303(b) of the services or activities pertaining to Title performing functions necessary in Rehabilitation Act of 1973, as amended; 29 V of the Act must also meet the preparing for, securing, retaining, or U.S.C. 709(c)) and 773(b) requirements for ‘‘an individual with a regaining an employment or disability’’ in section 7(20)(c) through independent living outcome. § 373.4 What definitions apply? (e) of the Act, as applicable. The following definitions apply to (Authority: Section 12(c) of the (Authority: Section 7(20) of the Rehabilitation Act of 1973, as amended; 29 this part: U.S.C. 709(c)) Act means the Rehabilitation Act of Rehabilitation Act of 1973, as amended; 29 U.S.C. 705(20)) 1973, as amended. Substantial impediment to Individual with a significant disability employment means that a physical or (Authority: Section 2 of the Rehabilitation Act of 1973, as amended; 29 U.S.C. 701 et means an individual— mental impairment (in light of attendant seq.) (1) Who has a severe physical or medical, psychological, vocational, mental impairment that seriously limits educational, and other related factors) Competitive integrated employment is one or more functional capacities (such hinders an individual from preparing defined in 34 CFR 361.5(c)(9). as mobility, communication, self-care, for, entering into, engaging in, or (Authority: Section 7(5) of the Rehabilitation self-direction, interpersonal skills, work retaining employment consistent with Act of 1973, as amended; 29 U.S.C. 705(5)) tolerance, or work skills) in terms of an the individual’s capacities and abilities. Early intervention means a service employment outcome; (Authority: Section 5(20)(A) of the Act 29; delivery or model demonstration (2) Whose vocational rehabilitation U.S.C. 705(20)(A)) program for adults with disabilities can be expected to require multiple Supported employment is defined in designed to begin the rehabilitation vocational rehabilitation services over 34 CFR 361.5(c)(53). services as soon as possible after the an extended period of time; and onset or identification of actually or (3) Who has one or more physical or (Authority: Section 5(38) of the potentially disabling conditions. The mental disabilities resulting from Rehabilitation Act of 1973, as amended; 29 populations served may include, but are amputation, arthritis, autism, blindness, U.S.C. 705(38)) not limited to, the following: burn injury, cancer, cerebral palsy, Vocational Rehabilitation Services (1) Individuals with chronic and cystic fibrosis, deafness, head injury, means services provided to an progressive diseases that may become heart disease, hemiplegia, hemophilia, individual with a disability in preparing

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for, securing, retaining, or regaining an (19) Expansion of employment (a) Special projects of service employment outcome that is consistent opportunities for individuals with delivery. with the strengths, resources, priorities, disabilities, which includes, but is not (b) Model demonstration. concerns, abilities, capabilities, limited to— (c) Technical assistance. interests, and informed choice of the (i) Self-employment, business (d) Systems change. individual. Vocational Rehabilitation ownership, and entreprenuership; (e) Special studies, research, or Services for an individual with a (ii) Non-traditional jobs, professional evaluations. disability may include— employment, and work settings; (f) Dissemination and utilization. (1) An assessment for determining (iii) Collaborating with employers, (Authority: Sections 12(c) and 303(b)(4) of eligibility and vocational rehabilitation Economic Development Councils, and the Rehabilitation Act of 1973, as amended; needs by qualified personnel, including, others in creating new jobs and career 29 U.S.C. 709(c) and 773(b)(4)) if appropriate, an assessment by advancement options in local job § 373.7 What are the priorities and other personnel skilled in rehabilitation markets through the use of job factors and requirements for competitions? technology; restructuring and other methods; and (2) Counseling and guidance, (iv) Other services as identified by the (a) In announcing competitions for including information and support Secretary and published in the Federal grants and contracts, the Secretary gives services to assist an individual in Register. priority consideration to— exercising informed choice; Youth or Young adults with (1) Initiatives focused on improving (3) Referral and other services to disabilities means individuals with transition from education, including secure needed services from other disabilities who are between the ages of postsecondary education, to agencies; 14 and 24 inclusive when entering the employment, particularly in competitive (4) Job-related services, including job program. integrated employment, for youth who are individuals with significant search and placement assistance, job (Authority: Section 5(42) of the retention services, follow-up services, disabilities. Rehabilitation Act of 1973, as amended; 29 (2) Supported employment, including and follow-along services; U.S.C. 705(42) (5) Vocational and other training community-based supported services, including the provision of (Authority: Sections 7(40), 12(c), and 103(a) employment programs to meet the needs of the Rehabilitation Act of 1973, as personal and vocational adjustment of individuals with the most significant amended; 29 U.S.C. 705(40), 709(c) and disabilities or to provide technical services, books, tools, and other training 723(a)) materials; assistance to States and community (6) Diagnosis and treatment of § 373.5 Who is eligible to receive services organizations to improve and expand physical and mental impairments; and to benefit from activities conducted by the provision of supported employment (7) Maintenance for additional costs eligible entities? services. incurred while the individual is (a)(1) For projects that provide (3) Increasing competitive integrated receiving services; rehabilitation services or activities to employment for individuals with (8) Transportation; expand and improve the provision of significant disabilities. (9) On-the-job or other related rehabilitation services and other (b) In announcing competitions for personal assistance services; services authorized under Titles I, III, grants and contracts, the Secretary may (10) Interpreter and reader services; and VI of the Act, individuals are also identify one or more of the (11) Rehabilitation teaching services, eligible who meet the definition in following as priorities— and orientation and mobility services; paragraph (a) of an ‘‘individual with a (1) Expansion of employment (12) Occupational licenses, tools, disability’’ as stated in § 373.4. opportunities for individuals with equipment, and initial stocks and (2) For projects that provide disabilities, as authorized in supplies; independent living services or activities, paragraph(s) of the definition of (13) Technical assistance and other individuals are eligible who meet the ‘‘vocational rehabilitation services’’ as consultation services to conduct market definition in paragraph (b) of an stated in § 373.4. analysis, develop business plans, and ‘‘individual with a disability’’ as stated (2) System change projects to promote otherwise provide resources to eligible in § 373.4. meaningful access of individuals with individuals who are pursuing self- (3) For projects that provide other disabilities to employment-related employment or telecommuting or services or activities that further the services under subtitle B of title I of the establishing a small business operation purposes of the Act, individuals are Workforce Innovation and Opportunity as an employment outcome; eligible who meet the definition in Act and under other Federal laws. (14) Rehabilitation technology, paragraph (b) of an ‘‘individual with a (3) Innovative methods of promoting including telecommunications, sensory, disability’’ as stated in § 373.4. achievement of high-quality and other technological aids and (b) By publishing a notice in the employment outcomes. devices; Federal Register, the Secretary may (4) The demonstration of the (15) Transition services for identify individuals determined to be effectiveness of early intervention individuals with disabilities that eligible under one or more of the activities in improving employment facilitate the achievement of provisions in paragraph (a) of this outcomes. employment outcomes; section. (5) Projects to find alternative (16) Supported employment services; methods of providing affordable (17) Services to the family of an (Authority: Sections 12(c), 103(a), and 303(b) transportation services to individuals of the Rehabilitation Act of 1973, as individual with a disability necessary to amended; 29 U.S.C. 709(c), 723(a), and with disabilities. assist the individual to achieve an 773(b)) (6) Technical assistance to designated employment outcome; State units and their personnel in (18) Post-employment services § 373.6 What types of projects may be working with employers to identify necessary to assist an individual with a funded? competitive integrated employment disability to retain, regain, or advance in The Secretary may fund the following opportunities and career exploration employment; and types of projects under this program: opportunities in order to facilitate the

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provision of vocational rehabilitation (Authority: Sections 12(c), 101(a)(7)(B)(ii) 75.720 and 2 CFR 200.327 that are services and transition services for and (11)(E), 103(b)(5), 108a, and 303(b)(5) of applicable to projects funded under this youth with disabilities and students the Rehabilitation Act of 1973, as amended; program, the Secretary may require that with disabilities. 29 U.S.C. 709(c), 721(a)(7)(B)(ii) and (11)(E), recipients of grants under this part (7) Consultation, training and 723(b)(5), 728a, and 773(b)(5)) submit information determined by the technical assistance to businesses that Subpart B—How Does the Secretary Secretary to be necessary to measure have hired or are interested in hiring Make a Grant? project outcomes and performance, individuals with disabilities. including any data needed to comply (8) Technical assistance and training § 373.10 What selection criteria does the with the Government Performance and to designated State units and their Secretary use? Results Act. personnel on establishment and The Secretary publishes in the (b) Specific reporting requirements for maintenance of education and Federal Register or includes in the competitions will be identified by the experience requirements, to ensure that application package the selection Secretary and published in the Federal the personnel have a 21st century criteria for each competition under this Register. understanding of the evolving labor program. To evaluate the applications (Authority: Sections 12(c), 303(b)(2)(B), and force and the needs of individuals with for new grants under this program, the 306 of the Rehabilitation Act of 1973, as disabilities. Secretary may use the following: amended; 29 U.S.C. 709(c), 773(b)(2)(B), and (9) Technical assistance to State (a) Selection criteria established 776) vocational rehabilitation agencies or under 34 CFR 75.209. § 373.22 What are the limitations on State vocational rehabilitation units to (b) Selection criteria in 34 CFR improve management practices that will indirect costs? 75.210. (a) Indirect cost reimbursement for improve the provision of vocational (c) Any combination of selection rehabilitation services and increase grants under this program is limited to criteria from paragraphs (a) and (b) of the recipient’s actual indirect costs, as competitive employment outcomes for this section. individuals with disabilities. determined by its negotiated indirect (10) Other projects that will expand (Authority: Sections 12(c) and 103(a) of the cost rate agreement, or 10 percent of the and improve the provision, extent, Rehabilitation Act of 1973, as amended; 29 total direct cost base, whichever amount availability, scope, and quality of U.S.C. 709(c) and 723(a)) is less. (b) Indirect costs in excess of the 10 rehabilitation and other services under § 373.11 What other factors does the the Act or that further the purpose and Secretary consider when making a grant? percent limit may be used to satisfy policy of the Act as stated in sections matching or cost-sharing requirements. (a) The Secretary funds only those (c) The 10 percent limit does not 2(b) and (c) of the Act. applications submitted in response to (c) In announcing competitions of apply to federally recognized Indian competitions announced in the Federal grants and contract the Secretary may tribal governments and their tribal Register. limit the priorities listed in paragraphs representatives. (b) The Secretary may consider the (a) and (b) of this section to address one (Authority: Section 12(c) of the past performance of the applicant in or more of the following factors: Rehabilitation Act of 1973, as amended; 29 (1) Age ranges. carrying out activities under previously U.S.C. 709(c)) (2) Types of disabilities. awarded grants. (3) Types of services. (c) The Secretary awards bonus points § 373.23 What additional requirements (4) Models of service delivery. if identified and published in the must be met? (5) Stages of the vocational Federal Register for specific (a) Each grantee must do the rehabilitation process; competitions. following: (6) Unserved and underserved (1) Ensure equal access and treatment (Authority: Sections 12(c) and 103(a) of the for eligible project participants who are populations. Rehabilitation Act of 1973, as amended; 29 (7) Unserved and underserved U.S.C. 709(c) and 723(a)) members of groups that have geographical areas. traditionally been underrepresented (8) Individuals with significant Subpart C—What Conditions Must Be based on race, color, national origin, disabilities. Met By a Grantee? gender, age, or disabilities. (9) Low-incidence disability (2) Encourage applications for populations. § 373.20 What are the matching employment from persons who are (10) Individuals residing in federally requirements? members of groups that have designated Empowerment Zones and The Secretary may make grants to pay traditionally been underrepresented Enterprise Communities. all or part of the cost of activities based on race, color, national origin, (d) The Secretary may require that an covered under this program. If the gender, age, or disabilities. applicant certify that the project does Secretary determines that the grantee is (3) Advise individuals with not include building upon or expanding required to pay part of the costs, the disabilities who are applicants for or activities that have previously been amount of grantee participation is recipients of the services, or the conducted or funded, for that applicant specified in the application notice, and applicants’ representatives or the or in that service area. the Secretary will not require grantee individuals’ representatives, of the (e) The Secretary may require that the participation to be more than 10 percent availability and purposes of the Client project widely disseminate the methods of the total cost of the project. Assistance Program, including of vocational rehabilitation service (Authority: Sections 12(c) and 303(b)(1) of information on means of seeking delivery or model proven to be effective, the Rehabilitation Act of 1973, as amended; assistance under that program. so that they may be adapted, replicated, 29 U.S.C. 709(c) and 773(b)(1)) (4) Provide, through a careful or purchased under fee-for-service appraisal and study, an assessment and arrangements by State vocational § 373.21 What are the reporting evaluation of the project that indicates rehabilitation agencies and other requirements? the significance or worth of processes, disability organizations in the project’s (a) In addition to the program and methodologies, and practices targeted service area or other locations. fiscal reporting requirements in 34 CFR implemented by the project.

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(b) A grantee may not make a subgrant 381.4 What regulations apply? Commonwealth of the Northern Mariana under this part. However, a grantee may 381.5 What definitions apply? Islands, may apply for a grant under the contract for supplies, equipment, and Subpart B—How Does One Apply for an Protection and Advocacy of Individual other services, in accordance with 2 Award? Rights (PAIR) program to plan for, CFR part 200 (Uniform Administrative 381.10 What are the application develop outreach strategies for, and Requirements, Cost Principles, and requirements? carry out a protection and advocacy Audit Requirements for Federal program authorized under this part. Awards) as adopted at 2 CFR part 3474. Subpart C—How Does the Secretary Make (c) In any fiscal year in which the an Award? (Authority: Sections 12(c) and 303(b)(2)(B) of amount appropriated to carry out this 381.20 How does the Secretary evaluate an the Rehabilitation Act of 1973, as amended; part is equal to or greater than 29 U.S.C. 709(c) and 773(b)(2)(B)) application? $5,500,000, an eligible system from any 381.22 How does the Secretary allocate State and from any of the jurisdictions funds under this program? § 373.24 What are the special named in paragraph (b) of this section requirements pertaining to the protection, Subpart D—What Conditions Must Be Met use, and release of personal information? may apply to receive the amount After an Award? allotted pursuant to section 509(c)–(e) of (a) All personal information about 381.30 How are services to be the Act. individuals served by any project under administered? (Authority: Section 509(b), (c), and (m) of the this part, including lists of names, 381.31 What are the requirements Rehabilitation Act of 1973, as amended; 29 addresses, photographs, and records of pertaining to the protection, use, and U.S.C. 794e(b), (c), and (m)) evaluation, must be confidential. release of personal information? (b) The use of information and records 381.32 What are the reporting § 381.3 What activities may the Secretary concerning individuals must be limited requirements? fund? 381.33 What are the requirements related to only to purposes directly connected (a) Funds made available under this with the project, including project the use of funds provided under this part? part must be used for the following reporting and evaluation activities. This activities: information may not be disclosed, Authority: Section 509 of the (1) Establishing a system to protect, directly or indirectly, other than in the Rehabilitation Act of 1973, as amended; 29 and advocate for, the rights of U.S.C. 794e, unless otherwise noted. administration of the project unless the individuals with disabilities. consent of the agency providing the Subpart A—General (2) Pursuing legal, administrative, and information and the individual to whom other appropriate remedies or the information applies, or his or her § 381.1 What is the Protection and approaches to ensure the protection of, representative, has been obtained in Advocacy of Individual Rights program? and advocacy for, the rights of eligible writing. The Secretary or other Federal This program is designed to support individuals with disabilities within the officials responsible for enforcing legal a system in each State to protect the State or the American Indian requirements have access to this legal and human rights of eligible Consortium. information without written consent individuals with disabilities. (3) Providing information on and being obtained. The final products of (Authority: Section 509(a) of the making referrals to programs and the project may not reveal any personal Rehabilitation Act of 1973, as amended; 29 services addressing the needs of identifying information without written U.S.C. 794e(a)) individuals with disabilities in the State consent of the individual or his or her or American Indian Consortium, representative. § 381.2 Who is eligible for an award? including individuals with disabilities (Authority: Sections 12(c) and 303(b)(2)(B) of (a)(1) A protection and advocacy who are exiting from school programs. the Rehabilitation Act of 1973, as amended; system that is established under part C (4) Coordinating the protection and 29 U.S.C. 709(c), and 773(b)(2)(B)) of title I of the Developmental advocacy program provided through an Disabilities Assistance and Bill of Rights eligible system with the advocacy PART 376—[REMOVED AND Act of 2000 (DD Act), 42 U.S.C. 15041 programs under— RESERVED] et seq., and that meets the requirements (i) Section 112 of the Act (the Client ■ 6. Part 376 is removed and reserved. of § 381.10 is eligible to apply for a grant Assistance Program (CAP)); award under this part. (ii) The Older Americans Act of 1965 PART 377—[REMOVED AND (2)(i) For any fiscal year in which the (the State long-term care ombudsman RESERVED] appropriation to carry out the activities program) (42 U.S.C. 3001 et seq.); of this part equals or exceeds (iii) Part C of the DD Act; and ■ 7. Part 377 is removed and reserved. $10,500,000, the eligible system serving (iv) The Protection and Advocacy for Individuals with Mental Illness Act of PART 379—[REMOVED AND the American Indian Consortium is 2000 (PAIMI) (42 U.S.C. 10801–10807). RESERVED] eligible to apply for a grant award under this part. (5) Developing a statement of ■ 8. Part 379 is removed and reserved. (ii) For purposes of this part, an objectives and priorities on an annual ■ 9. Part 381 is revised to read as eligible system is defined at § 381.5(c). basis and a plan for achieving these follows: (iii) For purposes of this part, the objectives and priorities. American Indian Consortium means a (6) Providing to the public, including Part 381—PROTECTION AND consortium established as described in individuals with disabilities and, as ADVOCACY OF INDIVIDUAL RIGHTS section 102 of the DD Act (42 U.S.C. appropriate, their representatives, an Subpart A—General 15002). opportunity to comment on the (b) In any fiscal year in which the objectives and priorities described in Sec. amount appropriated to carry out this § 381.10(a)(6). 381.1 What is the Protection and Advocacy of Individual Rights program? part is less than $5,500,000, a protection (7) Establishing a grievance procedure 381.2 Who is eligible for an award? and advocacy system from any State or for clients or prospective clients of the 381.3 What activities may the Secretary from Guam, American Samoa, the eligible system to ensure that fund? United States Virgin Islands, or the individuals with disabilities are

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afforded equal access to the services of in a court of law or in formal Commonwealth of the Northern Mariana the eligible system. administrative proceedings before Islands. (b) Funds made available under this government agencies (whether tribal, (Authority: Sections 7(34), 12(c), and 509 of part also may be used to carry out any State, local, or Federal). Advocacy also the Rehabilitation Act of 1973, as amended; other activities consistent with the may be informal, as in the case of a 29 U.S.C. 705(34), 709(c) and 794e) purpose of this part and the activities lawyer or non-lawyer representing an listed in paragraph (a) of this section. individual in negotiations, mediation, or Subpart B—How Does One Apply for (Authority: Sections 12(c) and 509(f) of the informal administrative proceedings an Award? before government agencies (whether Rehabilitation Act of 1973, as amended; 29 § 381.10 What are the application U.S.C. 709(c) and 794e(f)). tribal, State, local, or Federal), or as in requirements? the case of a lawyer or non-lawyer § 381.4 What regulations apply? representing an individual’s cause (a) Regardless of the amount of funds The following regulations apply to the before private entities or organizations, appropriated for the PAIR program in a PAIR program: or government agencies (whether tribal, fiscal year, an eligible system shall (a) The Education Department General State, local, or Federal). Advocacy may submit to the Secretary an application Administrative Regulations (EDGAR) as be on behalf of— for assistance under this part at the time and in the form and manner determined follows: (1) A single individual, in which case by the Secretary that contains all (1) 34 CFR part 75 (Direct Grant it is individual advocacy; information that the Secretary Programs) for purposes of an award (2) More than one individual or a determines necessary, including made under § § 381.20 or 381.22(a)(1). group or class of individuals, in which assurances that the eligible system (2) 34 CFR part 76 (State- case it is systems (or systemic) will— Administered Programs), if the advocacy; or (1) Have in effect a system to protect, appropriation for the PAIR program is (3) Oneself, in which case it is self and advocate for, the rights of eligible equal to or greater than $5,500,000 and advocacy. individuals with disabilities; the eligible system is a State or local Eligible individual with a disability government agency, except for— (2) Have the same general authorities, means an individual who— including the authority to access records (i) Section 76.103; (1) Needs protection and advocacy (ii) Sections 76.125 through 76.137; and program income, as in part C of title services that are beyond the scope of I of the DD Act; (iii) Sections 76.300 through 76.401; services authorized to be provided by (iv) Section 76.704; (3) Have the authority to pursue legal, the CAP under section 112 of the Act; (v) Section 76.734; and administrative, and other appropriate and (vi) Section 76.740. remedies or approaches to ensure the (3) 34 CFR part 77 (Definitions that (2) Is ineligible for— protection of, and advocacy for, the Apply to Department Regulations). (i) Protection and advocacy programs rights of eligible individuals with (4) 34 CFR part 79 (Intergovernmental under part C of the DD Act; and disabilities within the State and the Review of Department of Education (ii) Protection and advocacy programs American Indian Consortium; Programs and Activities). under the PAIMI. (4) Provide information on and make (5) 34 CFR part 81 (General Education Eligible system means a protection referrals to programs and services Provisions Act—Enforcement). and advocacy system that is established addressing the needs of individuals (6) 34 CFR part 82 (New Restrictions under part C of the DD Act and that with disabilities in the State and the on Lobbying). meets the requirements of § 381.10. American Indian Consortium, including (b) 2 CFR part 180 (OMB Guidelines Mediation means the act or process of individuals with disabilities who are to Agencies on Debarment and using an independent third party to act exiting from school programs; Suspension (Nonprocurement)), as as a mediator, intermediary, or (5) Develop a statement of objectives adopted at 2 CFR part 3485. conciliator to settle differences or and priorities on an annual basis and a (c) 2 CFR part 200 (Uniform disputes between persons or parties. plan for achieving these objectives and Administrative Requirements, Cost The third party who acts as a mediator, priorities; Principles, and Audit Requirements for intermediary, or conciliator must not be (6) Provide to the public, including Federal Awards), as adopted at 2 CFR any entity or individual who is individuals with disabilities and, as part 3474. connected in any way with the eligible appropriate, their representatives, an (d) The regulations in this part 381. system or the agency, entity, or opportunity to comment on the individual with whom the individual (Authority: Sections 12(c) and 509 of the objectives and priorities established by, Rehabilitation Act of 1973, as amended; 29 with a disability has a dispute. and activities of, the eligible system U.S.C. 709(c) and 794e) Mediation may involve the use of including— professional mediators or any other (i) The objectives and priorities for the § 381.5 What definitions apply? independent third party mutually activities of the eligible system for each (a) Definitions in EDGAR at 34 CFR agreed to by the parties to the dispute. year and the rationale for the part 77. State means, in addition to each of the establishment of those objectives and (b) Definitions in 2 CFR part 200 several States of the United States, the priorities; and subpart A. District of Columbia, the (ii) The coordination of the PAIR (c) Other definitions. The following Commonwealth of Puerto Rico, the program provided through eligible definitions also apply to this part: United States Virgin Islands, Guam, systems with the advocacy programs Act means the Rehabilitation Act of American Samoa, and the under— 1973, as amended. Commonwealth of the Northern Mariana (A) Section 112 of the Act (CAP); Advocacy means pleading an Islands, except for purposes of sections (B) The Older Americans Act of 1965 individual’s cause or speaking or 509(c)(3)(B) and (c)(4) of the Act, in (the State long-term care ombudsman writing in support of an individual. which case State does not mean or program); Advocacy may be formal, as in the case include Guam, American Samoa, the (C) Part C of the DD Act; and of a lawyer representing an individual United States Virgin Islands, and the (D) The PAIMI;

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(7) Establish a grievance procedure for which the amount appropriated for this individual that provides services under clients or prospective clients of the program is equal to or greater than the Act or that provides treatment, eligible system to ensure that $5,500,000, the Secretary pays directly services, or habilitation to persons with individuals with disabilities are to an eligible system that submits an disabilities. afforded equal access to the services of application that meets the requirements (d) For purposes of paragraph (c) of the eligible system; of § 381.10 the amount of the allotment this section, ‘‘services under the Act’’ (8) Use funds made available under to the State pursuant to section 509 of and ‘‘treatment, services, or this part to supplement and not the Act, unless the State provides habilitation’’ does not include client supplant the non-Federal funds that otherwise. assistance services under CAP, would otherwise be made available for (c) For any fiscal year in which the protection and advocacy services the purpose for which Federal funds are amount appropriated to carry out this authorized under the protection and provided; and program equals or exceeds $10,500,000, advocacy programs under part C of the (9) Implement procedures designed to the Secretary shall reserve a portion, DD Act and the PAIMI, or any other ensure that, to the maximum extent and use the portion to make a grant for protection and advocacy services. possible, mediation (and other the eligible system serving the American (Authority: Section 12(c) of the alternative dispute resolution) Indian Consortium. The Secretary shall Rehabilitation Act of 1973, as amended; 29 procedures, which include good faith make the grant in an amount of not less U.S.C. 709(c)) negotiation, are used before resorting to than $50,000 for the fiscal year. formal administrative or legal remedies. (d) Reallotment. (1) For any fiscal year § 381.31 What are the requirements (b) To receive direct payment of funds in which the amount appropriated to pertaining to the protection, use, and release of personal information? under this part, an eligible system must carry out this program equals or exceeds provide to the Secretary, as part of its $5,500,000 and if the Secretary (a) All personal information about application for assistance, an assurance determines that any amount of an individuals served by any eligible that direct payment is not prohibited by allotment to an eligible system within a system under this part, including lists of or inconsistent with tribal or State law, State will not be expended by such names, addresses, photographs, and regulation, or policy. system in carrying out the provisions of records of evaluation, must be held confidential. (Approved by the Office of Management this part, the Secretary shall make such amount available to one or more of the (b) The eligible system’s use of and Budget under control number 1820– information and records concerning 0018) eligible systems that the Secretary determines will be able to use individuals must be limited only to (Authority: Sections 12(c) and 509(f) and additional amounts during such year for purposes directly connected with the (g)(1) of the Rehabilitation Act of 1973, as carrying out this part. protection and advocacy program, amended; 29 U.S.C. 709(c) and 794e(f) and including program evaluation activities. (g)(1)) (2) Any reallotment amount made available to an eligible system for any Except as provided in paragraph (c) of this section, an eligible system may not Subpart C—How Does the Secretary fiscal year shall, for the purposes of this disclose personal information about an Make an Award? section, be regarded as an increase in the eligible system’s allotment under individual, directly or indirectly, other § 381.20 How does the Secretary evaluate this part for that fiscal year. than in the administration of the an application? protection and advocacy program, (Authority: Sections 12(c) and 509(c)–(e) of In any fiscal year in which the unless the consent of the individual to the Rehabilitation Act of 1973, as amended; whom the information applies, or his or amount appropriated for the PAIR 29 U.S.C. 709(c) and 794e(c)–(e)) program is less than $5,500,000, the her guardian, parent, or other Secretary evaluates applications under Subpart D—What Conditions Must Be authorized representative or advocate the procedures in 34 CFR part 75. Met After an Award? (including the individual’s advocate from the eligible system), has been (Authority: Sections 12(c) and 509(b) and (f) § 381.30 How are services to be obtained in writing. An eligible system of the Rehabilitation Act of 1973, as administered? amended; 29 U.S.C. 709(c) and 794e(b) and may not produce any report, evaluation, (f)) (a) Each eligible system shall carry out or study that reveals any personally the protection and advocacy program identifying information without the § 381.22 How does the Secretary allocate authorized under this part. written consent of the individual or his funds under this program? (b) An eligible system may not award or her representative. (a) In any fiscal year in which the a grant or make a subaward to another (c) Except as limited in paragraph (d) amount appropriated for this program is entity to carry out, in whole or in part, of this section, the Secretary or other equal to or greater than $5,500,000— the protection and advocacy program Federal or State officials responsible for (1) The Secretary sets aside not less authorized under this part. enforcing legal requirements must be than 1.8 percent but not more than 2.2 (c) An eligible system may contract given complete access to all— percent of the amount appropriated to with another agency, entity, or (1) Records of the eligible system provide a grant, contract, or cooperative individual to carry out the PAIR receiving funds under this program; and agreement for training and technical program in whole or in part, but only if (2) All individual case records of assistance to eligible systems carrying the agency, entity, or individual with clients served under this part without out activities under this part. whom the eligible system has the consent of the client. (2) After the reservation required by contracted— (d)(1) The privilege of a person or paragraph (a)(1) of this section, the (1) Does not provide services under eligible system not to produce Secretary makes allotments from the the Act or does not provide treatment, documents or provide information remainder of the amount appropriated services, or habilitation to persons with pursuant to paragraph (c) of this section in accordance with section 509(c)(2)–(d) disabilities; and is governed by the principles of of the Act. (2) Is independent of, and not common law as interpreted by the (b) Notwithstanding any other connected financially or through a courts of the United States, except that, provision of law, in any fiscal year in board of directors to, an entity or for purposes of any periodic audit,

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report, or evaluation of the performance § 381.33 What are the requirements related income received during a fiscal year that of the eligible system established or to the use of funds provided under this is not obligated or expended prior to the assisted under this part, the Secretary part? beginning of the succeeding fiscal year does not require the eligible system to (a) Funds made available under this in which the program income was disclose the identity of, or any other part must be used to supplement and received, remain available for obligation personally identifiable information not supplant the non-Federal funds that and expenditure by the grantee during related to, any individual requesting would otherwise be made available for that succeeding fiscal year. assistance under the PAIR program. the purpose for which Federal funds are (2) However, notwithstanding provided under this part. (Authority: Sections 12(c), 19, and 509(f)(7), (g), and (i) of the Rehabilitation Act of 1973, paragraph (d)(1) of this section, if an (b) In any State in which an eligible as amended; 29 U.S.C. 709(c), 716, and audit, monitoring review, State plan system is located within a State agency, 794e(f)(7), (g), and (i); and 20 U.S.C. 3474) assurance review, evaluation, or other that State or State agency may not use investigation has already produced more than five percent of any allotment ■ 10. Part 385 is revised to read as independent and reliable evidence that for the costs of administration of the follows: there is probable cause to believe that eligible system supported under this the eligible system has violated its part. For purposes of this paragraph, PART 385—REHABILITATION legislative mandate or misused Federal ‘‘costs of administration’’ include, but TRAINING are not limited to, administrative funds, the eligible system shall disclose, Subpart A—General if the Secretary so requests, the identity salaries (including salaries for clerical of, or any other personally identifiable and support staff), supplies, Sec. information (i.e., name, address, depreciation or use allowances, the cost 385.1 What is the Rehabilitation Training telephone number, social security of operating and maintaining facilities, program? number, or other official code or equipment, and grounds (e.g., rental of 385.2 Who is eligible for assistance under number by which an individual may be office space or equipment, telephone, these programs? readily identified) related to, any postage, maintenance agreements), and 385.3 What regulations apply to these individual requesting assistance under other similar types of costs that may be programs? 385.4 What definitions apply to these the PAIR program, in accordance with incurred by the State or State agency to programs? the principles of common law as administer the eligible system. interpreted by the courts of the United (c) Funds paid to an eligible system Subpart B [Reserved] within a State for a fiscal year to carry States. Subpart C—How Does One Apply for a (Authority: Sections 12(c) and 509(h) of the out this program that are not expended Grant? Rehabilitation Act of 1973, as amended; 29 or obligated prior to the end of that 385.20 What are the application procedures U.S.C. 709(c) and 794e(h)) fiscal year remain available to the eligible system within a State for for these programs? § 381.32 What are the reporting obligation during the succeeding fiscal Subpart D—How Does the Secretary Make requirements? year in accordance with section 509(g) a Grant? Each eligible system shall provide to of the Act and 34 CFR 76.709. 385.30 [Reserved] the Secretary, no later than 90 days after (d) For determining when an eligible the end of each fiscal year, an annual 385.31 How does the Secretary evaluate an system makes an obligation for various application? report that includes information on the kinds of property or services, 34 CFR 385.33 What other factors does the following: 75.707 and 76.707, as appropriate, apply Secretary consider in reviewing an (a) The types of services and activities to this program. If the appropriation for application? undertaken by the eligible system and the PAIR program is less than how these services and activities $5,500,000, § 75.707 applies. If the Subpart E—What Conditions Must Be Met addressed the objectives and priorities appropriation for the PAIR program is by a Grantee? developed pursuant to § 381.10(a)(6). equal to or greater than $5,500,000, 385.40 What are the requirements (b) The total number of individuals, § 76.707 applies. An eligible system is pertaining to the membership of a project by race, color, national origin, gender, considered a State for purposes of advisory committee? age, and disabling condition, who § 76.707. 385.41 What are the requirements affecting requested services from the eligible (e) Program income. (1) Program the collection of data from designated system and the total number of income means gross income earned by State agencies? individuals, by race, color, national the designated agency that is directly 385.42 What are the requirements affecting origin, gender, age, and disabling generated by an activity supported the dissemination of training materials? condition, who were served by the under this part. 385.43 What requirements apply to the eligible system. (2) Grantees are authorized to treat training of rehabilitation counselors and (c) The types of disabilities program income as— other rehabilitation personnel? represented by individuals served by (i) A deduction from total allowable 385.44 What requirement applies to the the eligible system. costs charged to a Federal grant, in training of individuals with disabilities? (d) The types of issues being accordance with 2 CFR 200.307(e)(1); or 385.45 What additional application addressed on behalf of individuals (ii) An addition to the grant funds to requirements apply to the training of served by the eligible system. be used for additional allowable individuals for rehabilitation careers? (e) Any other information that the program expenditures, in accordance 385.46 What limitations apply to the rate of Secretary may require. with 2 CFR 200.307(e)(2). pay for experts or consultants appointed (Approved by the Office of Management (3) Any Federal funds, including or serving under contract under the and Budget under control number 1820– reallotted funds, that are appropriated Rehabilitation Training program? 0018) for a fiscal year to carry out a program Authority: Sections 12(c), 301, and 302 of (Authority: Sections 12(c), 13, and 509(k) of under this part that are not obligated or the Rehabilitation Act of 1973, as amended; the Rehabilitation Act of 1973, as amended; expended prior to the beginning of the 29 U.S.C. 709(c), 771 and 772, unless 29 U.S.C. 709(c), 710, and 794e(k)) succeeding fiscal year, and any program otherwise noted.

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Subpart A—General § 385.2 Who is eligible for assistance EDGAR under these programs? Grantee § 385.1 What is the Rehabilitation Training States and public or private nonprofit Nonprofit program? agencies and organizations, including Private Project (a) Purpose. The Rehabilitation Indian tribes and institutions of higher Training program is designed to— Project Period education, are eligible for assistance Public (1) Ensure that skilled personnel are under the Rehabilitation Training Secretary available to provide rehabilitation program. services to individuals with disabilities (Authority: Section 12(c) of the (Authority: Sections 7(19), 301, and 302 of Rehabilitation Act of 1973, as amended; 29 through vocational, medical, social, and the Rehabilitation Act of 1973, as amended; U.S.C. 709(c)) psychological rehabilitation programs 29 U.S.C. 705(19), 771 and 772) (including supported employment (b) The following definitions also programs), through economic and § 385.3 What regulations apply to these apply to programs under the business development programs, programs? Rehabilitation Training program: through independent living services The following regulations apply to the Act means the Rehabilitation Act of programs, and through client assistance Rehabilitation Training program: 1973 (29 U.S.C. 701 et seq.), as programs; (a) The Education Department General amended. (2) Maintain and upgrade basic skills Administrative Regulations (EDGAR) as Assistive technology means and knowledge of personnel employed, follows: technology designed to be utilized in an including personnel specifically trained (1) 34 CFR part 75 (Direct Grant assistive technology device or assistive to deliver rehabilitation services, Programs). technology service. including supported employment (2) 34 CFR part 77 (Definitions That Assistive technology device means services and customized employment Apply to Department Regulations). any item, piece of equipment, or services, to individuals with the most (3) 34 CFR part 79 (Intergovernmental product system, whether acquired significant disabilities, and personnel Review of Department of Education commercially off the shelf, modified, or specifically trained to deliver services to Programs and Activities). customized, that is used to increase, individuals with disabilities whose (4) 34 CFR part 81 (General Education maintain, or improve functional employment outcome is self- Provisions Act—Enforcement). capabilities of individuals with employment, business ownership, or (5) 34 CFR part 82 (New Restrictions disabilities. telecommuting, to provide state-of-the- on Lobbying). Assistive technology service means art service delivery and rehabilitation (6) 34 CFR part 84 (Governmentwide any service that directly assists an technology services; and Requirements for Drug-Free Workplace individual with a disability in the selection, acquisition, or use of an (3) Provide training and information (Financial Assistance). assistive technology device. The term to individuals with disabilities, the (7) 34 CFR part 86 (Drug-Free Schools includes— parents, families, guardians, advocates, and Campuses). (1) The evaluation of the needs of an and authorized representatives of the (8) 34 CFR part 97 (Protection of individual with a disability, including a individuals, and other appropriate Human Subjects). functional evaluation of the individual parties to develop the skills necessary (9) 34 CFR part 98 (Student Rights in in the individual’s customary for individuals with disabilities to Research, Experimental Programs, and environment; access the rehabilitation system and to Testing. (2) Purchasing, leasing, or otherwise become active decision makers in the (10) 34 CFR part 99 (Family providing for the acquisition of assistive vocational rehabilitation process. Educational Rights and Privacy). technology devices by individuals with (b) The Secretary awards grants and (b) The regulations in this part 385. (c) The regulations in 34 CFR parts disabilities; contracts on a competitive basis to pay (3) Selecting, designing, fitting, part of the costs of projects for training, 386, 387, 390, and 396, as appropriate. (d)(1) 2 CFR part 180 (OMB customizing, adapting, applying, traineeships or scholarships, and related Guidelines to Agencies on Debarment maintaining, repairing, or replacing of activities, including the provision of and Suspension (Nonprocurement)), as assistive technology devices; technical assistance, to assist in adopted at 2 CFR part 3485; and (4) Coordinating and using other increasing the numbers of qualified (2) 2 CFR part 200 (Uniform therapies, interventions, or services personnel trained in providing Administrative Requirements, Cost with assistive technology devices, such vocational rehabilitation services and Principles, and Audit Requirements for as those associated with existing other services provided under the Act, Federal Awards) as adopted at 2 CFR education and rehabilitation plans and to individuals with disabilities. part 3474. programs; Financial assistance is provided through (5) Training or technical assistance for multiple training programs, including: (Authority: Sections 12(c) and 302 of the an individual with disabilities, or, if (1) Rehabilitation Long-Term Training Rehabilitation Act of 1973, as amended; 29 U.S.C. 711(c) and 772) appropriate, the family of an individual (34 CFR part 386). with disabilities; (2) Innovative Rehabilitation Training § 385.4 What definitions apply to these (6) Training or technical assistance for (34 CFR part 387). programs? professionals (including individuals (3) Rehabilitation Short-Term (a) The following definitions in 34 providing education and rehabilitation Training (34 CFR part 390). CFR part 77 apply to the programs services), employers, or other (4) Training of Interpreters for under the Rehabilitation Training individuals who provide services to, Individuals Who Are Deaf and Hard of Program— employ, or are otherwise substantially Hearing and Individuals Who Are Deaf- Applicant involved in the major life functions of Blind (34 CFR part 396). Application individuals with disabilities; and (Authority: Sections 12(c), 301 and 302 of the Award (7) A service consisting of expanding Rehabilitation Act of 1973, as amended; 29 Budget Period the availability of access to technology, U.S.C. 709(c), 771 and 772) Department including electronic and information

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technology, to individuals with (2)(i) Counseling services, including integration of individuals with disabilities. psychological, psychotherapeutic, and disabilities; and Community rehabilitation program related services; (xxi) Such other services as may be means a program that provides directly (ii) Services related to securing necessary and not inconsistent with the or facilitates the provision of vocational housing or shelter, including services provisions of this Act. rehabilitation services to individuals related to community group living, and Individual with a disability means any with disabilities, and that provides, supportive of the purposes of this Act individual who— singly or in combination, for an and of the titles of this Act, and (1) Has a physical or mental individual with a disability to enable adaptive housing services (including impairment, which for that individual the individual to maximize appropriate accommodations to and constitutes or results in a substantial opportunities for employment, modifications of any space used to impediment to employment; including career advancement— serve, or occupied by, individuals with (2) Can benefit in terms of an (1) Medical, psychiatric, disabilities); employment outcome from vocational psychological, social, and vocational (iii) Rehabilitation technology; rehabilitation services provided services that are provided under one (iv) Mobility training; pursuant to title I, III, or VI of the management; (v) Services and training for Rehabilitation Act of 1973, as amended; (2) Testing, fitting, or training in the individuals with cognitive and sensory and use of prosthetic and orthotic devices; disabilities, including life skills (3) Has a disability as defined in (3) Recreational therapy; training, and interpreter and reader section 7(20)(B) of the Act. (4) Physical and occupational therapy; services; Individual with a significant disability (5) Speech, language, and hearing (vi) Personal assistance services, means an individual with a disability— therapy; including attendant care and the (1) Who has a severe physical or (6) Psychiatric, psychological, and training of personnel providing these mental impairment that seriously limits social services, including positive services; one or more functional capacities (such behavior management; (vii) Surveys, directories, and other as mobility, communication, self-care, (7) Assessment for determining activities to identify appropriate self-direction, interpersonal skills, work eligibility and vocational rehabilitation housing, recreation opportunities, and tolerance, or work skills) in terms of an needs; accessible transportation, and other employment outcome; (8) Rehabilitation technology; support services; (2) Whose vocational rehabilitation (9) Job development, placement, and (viii) Consumer information programs can be expected to require multiple retention services; on rehabilitation and independent vocational rehabilitation services over (10) Evaluation or control of specific living services available under this Act, an extended period of time; and disabilities; especially for minorities and other (3) Who has one or more physical or (11) Orientation and mobility services individuals with disabilities who have mental disabilities resulting from for individuals who are blind; traditionally been unserved or amputation, arthritis, autism, blindness, (12) Extended employment; underserved by programs under this burn injury, cancer, cerebral palsy, (13) Psychosocial rehabilitation Act; cystic fibrosis, deafness, head injury, services; (ix) Education and training necessary heart disease, hemiplegia, hemophilia, (14) Supported employment services for living in the community and intellectual disability, respiratory or and extended services; participating in community activities; pulmonary dysfunction, mental illness, (15) Services to family members when (x) Supported living; multiple sclerosis, muscular dystrophy, necessary to the vocational (xi) Transportation, including referral musculo-skeletal disorders, neurological rehabilitation of the individual; and assistance for transportation; disorders (including stroke and (16) Personal assistance services; or (xii) Physical rehabilitation; epilepsy), paraplegia, quadriplegia and (17) Services similar to the services (xiii) Therapeutic treatment; other spinal cord conditions, sickle-cell described in paragraphs (1) through (16) (xiv) Provision of needed prostheses anemia, specific learning disabilities, of this definition. and other appliances and devices; end-stage renal disease, or another Designated State agency means an (xv) Individual and group social and disability or combination of disabilities agency designated under section 7(8) recreational services; determined on the basis of an and 101(a)(2)(A) of the Act. (xvi) Training to develop skills assessment for determining eligibility Designated State unit means specifically designed for youths who are and vocational rehabilitation needs. (1) Any State agency unit required individuals with disabilities to promote Institution of higher education has the under section 7(8) and 101(a)(2)(B) of self-awareness and esteem, develop meaning given the term in section the Act, or advocacy and self-empowerment skills, 101(a) of the Higher Education Act (20 (2) In cases in which no State agency and explore career options; U.S.C. 1001(a)). unit is required, the State agency (xvii) Services for children; Personal assistance services means a described in section 101(a)(2)(B)(ii) of (xviii) Services under other Federal, range of services provided by one or the Act. State, or local programs designed to more persons designed to assist an Independent living core services provide resources, training, counseling, individual with a disability to perform means— or other assistance of substantial benefit daily living activities on or off the job (1) Information and referral services; in enhancing the independence, that the individual would typically (2) Independent living skills training; productivity, and quality of life of perform if the individual did not have (3) Peer counseling, including cross- individuals with disabilities; a disability. The services shall be disability peer counseling; and (xvix) Appropriate preventive services designed to increase the individual’s (4) Individual and systems advocacy. to decrease the need of individuals control in life and ability to perform Independent living services assisted under this Act for similar everyday activities on or off the job. includes— services in the future; Qualified personnel: (1) For (1) Independent living core services; (xx) Community awareness programs designated State agencies or designated and to enhance the understanding and State units, means personnel who have

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met standards that are consistent with (2) Who, because of the nature and (7) Maintenance for additional costs existing national or State approved or severity of their disability, need incurred while the individual is recognized certification, licensing, intensive supported employment receiving services; registration, or other comparable services from the designated State unit (8) Transportation; requirements that apply to the area in and extended services after transition in (9) On-the-job or other related which such personnel are providing order to perform the work involved. personal assistance services; vocational rehabilitation services. Supported employment services (10) Interpreter and reader services; (2) For other than designated State means ongoing support services, (11) Rehabilitation teaching services, agencies or designated State units, including customized employment, and and orientation and mobility services; means personnel who have met existing other appropriate services needed to (12) Occupational licenses, tools, State certification or licensure support and maintain an individual equipment, and initial stocks and requirements, or, in the absence of State with most severe disability in supported supplies; requirements, have met professionally employment, that are— (13) Technical assistance and other accepted requirements established by (1) Provided singly or in combination consultation services to conduct market national certification boards. and are organized and made available in analysis, develop business plans, and Rehabilitation services means such a way as to assist an eligible otherwise provide resources to eligible services, including vocational, medical, individual in entering or maintaining individuals who are pursuing self- social, and psychological rehabilitation integrated, competitive employment; employment or telecommuting or services and other services under the (2) Based on a determination of the establishing a small business operation Rehabilitation Act, provided to needs of an eligible individual, as as an employment outcome; individuals with disabilities in specified in an individualized written (14) Rehabilitation technology, performing functions necessary in rehabilitation program; and including telecommunications, sensory, preparing for, securing, retaining, or (3) Provided by the designated State and other technological aids and regaining an employment or unit for a period of time not more than devices; independent living outcome. 24 months, unless under special (15) Transition services for Rehabilitation technology means the circumstances the eligible individual individuals with disabilities that systematic application of technologies, and the rehabilitation counselor or facilitate the achievement of engineering methodologies, or scientific coordinator jointly agree to extend the employment outcomes; principles to meet the needs of and time in order to achieve the (16) Supported employment services; address the barriers confronted by rehabilitation objectives identified in (17) Services to the family of an individuals with disabilities in areas the individualized plan for individual with a disability necessary to that include education, rehabilitation, employment. assist the individual to achieve an employment, transportation, Vocational rehabilitation services employment outcome; independent living, and recreation. The means services provided to an (18) Post-employment services term includes rehabilitation individual with a disability in preparing necessary to assist an individual with a engineering, assistive technology for, securing, retaining, or regaining an disability to retain, regain, or advance in devices, and assistive technology employment outcome that is consistent employment; and services. with the strengths, resources, priorities, (19) Expansion of employment State includes, in addition to each of concerns, abilities, capabilities, opportunities for individuals with the several States of the United States, interests, and informed choice of the disabilities, which includes, but is not the District of Columbia, the individual, and services provided for limited to— Commonwealth of Puerto Rico, the the benefit of groups of individuals with (i) Self-employment, business United States Virgin Islands, Guam, disabilities. Vocational Rehabilitation ownership, and entrepreneurship; American Samoa, and the Services for an individual with a (ii) Non-traditional jobs, professional Commonwealth of the Northern Mariana disability may include— employment, and work settings; Islands. (1) An assessment for determining (iii) Collaborating with employers, Stipend means financial assistance on eligibility and vocational rehabilitation Economic Development Councils, and behalf of individuals in support of their needs by qualified personnel, including, others in creating new jobs and career training, as opposed to salary payment if appropriate, an assessment by advancement options in local job for services provided within the project. personnel skilled in rehabilitation markets through the use of job Supported employment means technology; restructuring and other methods; and competitive integrated employment, (2) Counseling and guidance, (iv) Other services as identified by the including customized employment, or including information and support Secretary and published in the Federal employment in an integrated work services to assist an individual in Register. setting in which individuals are exercising informed choice; working on a short-term basis toward (3) Referral and other services to (Authority: Sections 7(40), 12(c), and competitive integrated employment, 101(a)(7) of the Rehabilitation Act of 1973, as secure needed services from other amended; 29 U.S.C. 705(40), 709(c), and that is individualized and customized agencies; 721(a)(7)) consistent with the strengths, abilities, (4) Job-related services, including job interests, and informed choice of the search and placement assistance, job Subpart B—[Reserved] individuals involved, for individuals retention services, follow-up services, with the most severe disabilities— and follow-along services; Subpart C—How Does One Apply for a (1)(i) For whom competitive (5) Vocational and other training Grant? integrated employment has not services, including the provision of traditionally occurred; or personal and vocational adjustment § 385.20 What are the application (ii) For whom competitive services, books, tools, and other training procedures for these programs? employment has been interrupted or materials; The Secretary gives the designated intermittent as a result of a severe (6) Diagnosis and treatment of State agency an opportunity to review disability; and physical and mental impairments; and comment on applications submitted

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from within the State that it serves. The advisory committee, its membership (Authority: Sections 12(c), 101(a), and 302 of procedures to be followed by the must include individuals with the Rehabilitation Act of 1973, as amended; applicant and the State are in 34 CFR disabilities or parents, family members, 29 U.S.C. 709(c), 721(a) and 772) 75.155–75.159. guardians, advocates, or other § 385.44 What requirement applies to the (Authority: Sections 12(c) and 302 of the authorized representatives of the training of individuals with disabilities? Rehabilitation Act of 1973, as amended; 29 individuals; members of minority Any grantee or contractor who U.S.C. 709(c) and 772) groups; trainees; and providers of provides training under any of the vocational rehabilitation and programs in 34 CFR parts 386 through Subpart D—How Does the Secretary independent living rehabilitation 390 and 396 shall give due regard to the Make a Grant? services. training of individuals with disabilities § 385.30 [Reserved] (Authority: Section 12(c) of the as part of its effort to increase the Rehabilitation Act of 1973, as amended; 29 number of qualified personnel available § 385.31 How does the Secretary evaluate U.S.C. 709(c)) to provide rehabilitation services. an application? § 385.41 What are the requirements (Authority: Section 12(c) of the (a) The Secretary evaluates affecting the collection of data from Rehabilitation Act of 1973, as amended; 29 applications under the procedures in 34 designated State agencies? U.S.C. 709(c) CFR part 75. If the collection of data is necessary (b) The Secretary evaluates each § 385.45 What additional application from individuals with disabilities being requirements apply to the training of application using selection criteria served by two or more designated State individuals for rehabilitation careers? identified in parts 386, 387, 390, and agencies or from employees of two or (a) All applicants for a grant or 396, as appropriate. more of these agencies, the project (c) In addition to the selection criteria contract to provide training under any director must submit requests for the of the programs in 34 CFR parts 386 described in paragraph (b) of this data to appropriate representatives of section, the Secretary evaluates each through 390 and 396 shall demonstrate the affected agencies, as determined by how the training they plan to provide application using— the Secretary. This requirement also (1) Selection criteria in 34 CFR will prepare rehabilitation professionals applies to employed project staff and to address the needs of individuals with 75.210; individuals enrolled in courses of study (2) Selection criteria established disabilities from minority backgrounds. supported under these programs. (b) All applicants for a grant under under 34 CFR 75.209; or (3) A combination of selection criteria (Authority: Section 12(c) of the any of the programs in 34 CFR parts 386 Rehabilitation Act of 1973, as amended; 29 through 390 and 396 shall include a established under 34 CFR 75.209 and U.S.C. 709(c)) selection criteria in 34 CFR 75.210. detailed description of strategies that will be utilized to recruit and train (Authority: Sections 12(c) and 302 of the § 385.42 What are the requirements affecting the dissemination of training persons so as to reflect the diverse Rehabilitation Act of 1973, as amended; 29 populations of the United States, as part U.S.C. 709(c) and 772) materials? A set of any training materials of the effort to increase the number of § 385.33 What other factors does the developed under the Rehabilitation individuals with disabilities, and Secretary consider in reviewing an Training Program must be submitted to individuals who are members of application? any information clearinghouse minority groups, who are available to In addition to the selection criteria designated by the Secretary. provide rehabilitation services. listed in § 75.210 and parts 386, 387, (Approved by the Office of Management (Authority: Section 12(c) of the 390, and 396 the Secretary, in making Rehabilitation Act of 1973, as amended; 29 and Budget under control number 1820– awards under this program, considers U.S.C. 709(c)) 0018) such factors as— (Authority: Sections 21(a) and (b) and 302 of (a) The geographical distribution of § 385.43 What requirements apply to the the Rehabilitation Act of 1973, as amended; projects in each Rehabilitation Training training of rehabilitation counselors and 29 U.S.C. 718(a) and (b) and 772) Program category throughout the other rehabilitation personnel? country; and Any grantee who provides training of § 385.46 What limitations apply to the rate of pay for experts or consultants appointed (b) The past performance of the rehabilitation counselors or other rehabilitation personnel under any of or serving under contract under the applicant in carrying out similar Rehabilitation Training program? training activities under previously the programs in 34 CFR parts 386, 387, 390, and 396 must train those An expert or consultant appointed or awarded grants, as indicated by such serving under contract pursuant to this factors as compliance with grant counselors and personnel on the services provided under this Act, and, section shall be compensated at a rate conditions, soundness of programmatic subject to approval of the Commissioner and financial management practices and in particular, services provided in accordance with amendments made to which shall not exceed the daily attainment of established project equivalent of the rate of pay for level 4 objectives. the Rehabilitation Act by the Workforce Innovation and Opportunity Act of of the Senior Executive Service (Authority: Sections 12(c) and 302(b) of the 2014. The grantee must also furnish Schedule under section 5382 of title 5, Rehabilitation Act of 1973, as amended; 29 training to these counselors and United States Code. Such an expert or U.S.C. 709(c) and 772(b)) personnel regarding applications of consultant may be allowed travel and rehabilitation technology in vocational transportation expenses in accordance Subpart E—What Conditions Must Be with section 5703 of title 5, United Met by a Grantee? rehabilitation services, the applicability of section 504 of this Act, title I of the States Code. § 385.40 What are the requirements Americans with Disabilities Act of 1990, (Authority: Section 302(b)(3) of the pertaining to the membership of a project and the provisions of titles II and XVI Rehabilitation Act of 1973, as amended; 29 advisory committee? of the Social Security Act that are U.S.C. 772(b)(3)) If a project funded under 34 CFR parts related to work incentives for ■ 11. Part 386 is revised to read as 386, 387, 390, or 396 establishes an individuals with disabilities. follows:

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Part 386—Rehabilitation Training: (2) Projects that provide a specified for individuals with the most significant Rehabilitation Long-Term Training series of courses or program of study disabilities; leading to award of a certificate in one (29) Specialized services for Subpart A—General of those fields of study identified in individuals with significant disabilities; Sec. paragraph (b) of this section; and (30) Other fields contributing to the 386.1 What is the Rehabilitation Long-Term (3) Projects that provide support for rehabilitation of individuals with Training program? medical residents enrolled in residency disabilities. 386.2 Who is eligible for an award? training programs in the specialty of (Authority: Sections 12 and 302 of the physical medicine and rehabilitation. Rehabilitation Act of 1973, as amended; 29 386.3 What regulations apply? (b) The Rehabilitation Long-Term U.S.C. 709 and 772) Training program is designed to provide 386.4 What definitions apply? academic training that leads to an § 386.2 Who is eligible for an award? Subpart B—[Reserved] academic degree or academic certificate Those agencies and organizations Subpart C—How Does the Secretary Make in areas of personnel shortages eligible for assistance under this an Award? identified by the Secretary and program are described in 34 CFR 385.2. published in a notice in the Federal (Authority: Section 302(a) of the 386.20 What additional selection criteria Register. These areas may include— Rehabilitation Act of 1973, as amended; 29 are used under this program? (1) Assisting and supporting U.S.C. 772(a)) 386.21 What are the application procedures individuals with disabilities pursuing for these programs? self-employment, business ownership, § 386.3 What regulations apply? Subpart D—What Conditions Must Be Met and telecommuting; The following regulations apply to the After an Award? (2) Vocational rehabilitation Rehabilitation Training: Rehabilitation Long-Term Training program: 386.30 What are the matching counseling; requirements? (3) Rehabilitation technology, (a) The regulations in this part 386. 386.31 What are the requirements for including training on its use, (b) The regulations in 34 CFR part directing grant funds? applications, and benefits; 385. 386.32 What are allowable costs? (4) Rehabilitation medicine; (Authority: Section 302(a) of the 386.33 What are the requirements for (5) Rehabilitation nursing; Rehabilitation Act of 1973, as amended; 29 grantees in disbursing scholarships? (6) Rehabilitation social work; U.S.C. 772(a)) 386.34 What assurances must be provided (7) Rehabilitation psychiatry; by a grantee that intends to provide (8) Rehabilitation psychology; § 386.4 What definitions apply? scholarships? (9) Rehabilitation dentistry; The following definitions apply to 386.35 What information must be provided (10) Physical therapy; this program: by a grantee that is an institution of (a) Definitions in 34 CFR 385.4. higher education to assist designated (11) Occupational therapy; State agencies? (12) Speech pathology and audiology; (b) Other definitions. The following 386.36 What is a grantee’s liability for (13) Physical education; definitions also apply to this part: failing to provide accurate and complete (14) Therapeutic recreation; Academic year means a full-time scholar information to the Department? (15) Community rehabilitation course of study— program personnel; (1) Taken for a period totaling at least Subpart E—What Conditions Must Be Met nine months; or by a Scholar? (16) Prosthetics and orthotics; (17) Rehabilitation of individuals who (2) Taken for the equivalent of at least 386.40 What are the requirements for are blind or visually impaired, two semesters, two trimesters, or three scholars? including rehabilitation teaching and quarters. 386.41 Under what circumstances does the Certificate means a recognized Secretary grant a deferral or exception to orientation and mobility; performance or repayment under a (18) Rehabilitation of individuals who educational credential awarded by a scholarship agreement? are deaf or hard of hearing; grantee under this part that attests to the 386.42 What must a scholar do to obtain an (19) Rehabilitation of individuals who completion of a specified series of exception or a deferral to performance or are mentally ill; courses or program of study. repayment under a scholarship (20) Undergraduate education in the Professional corporation or agreement? rehabilitation services; professional practice means— 386.43 What are the consequences of a (21) Independent living; (1) A professional service corporation scholar’s failure to meet the terms and (22) Client assistance; or practice formed by one or more conditions of a scholarship agreement? (23) Administration of community individuals duly authorized to render Authority: Sections 12(c) and 302 of the rehabilitation programs; the same professional service, for the Rehabilitation Act of 1973, as amended; 29 (24) Rehabilitation administration; purpose of rendering that service; and U.S.C. 709(c) and 772, unless otherwise (25) Vocational evaluation and work (2) The corporation or practice and its noted. adjustment; members are subject to the same Subpart A—General (26) Services to individuals with supervision by appropriate State specific disabilities or specific regulatory agencies as individual § 386.1 What is the Rehabilitation Long- impediments to rehabilitation, practitioners. Term Training program? including individuals who are members Related agency means— (a) The Rehabilitation Long-Term of populations that are unserved or (1) An American Indian rehabilitation Training program provides financial underserved by programs under this program; or assistance for— Act; (2) Any of the following agencies that (1) Projects that provide basic or (27) Job development and job provide services to individuals with advanced training leading to an placement services to individuals with disabilities under an agreement or other academic degree in one of those fields disabilities; arrangement with a designated State of study identified in paragraph (b) of (28) Supported employment services agency in the area of specialty for which this section; and customized employment services training is provided:

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(i) A Federal, State, or local agency. theory and practice relevant to the applicant and the State are in 34 CFR (ii) A nonprofit organization. educational objectives of the program; 75.155–75.159. (iii) A professional corporation or (iii) There is evidence of (Authority: Sections 12(c) and 302(b)(2) and professional practice group. educationally focused practical and (d) of the Rehabilitation Act of 1973, as Scholar means an individual who is other field experiences in settings that amended; 29 U.S.C. 709(c) and 772(b)(2) and enrolled in a certificate or degree ensure student involvement in the (d)) granting course of study in one of the provision of vocational rehabilitation, areas listed in § 386.1(b) and who supported employment, customized Subpart D—What Conditions Must Be receives scholarship assistance under employment, pre-employment transition Met After an Award? this part. services, transition services, or § 386.30 What are the matching Scholarship means an award of independent living rehabilitation financial assistance to a scholar for requirements? services to individuals with disabilities, The grantee is required to contribute training and includes all disbursements especially individuals with significant or credits for student stipends, tuition at least ten percent of the total cost of disabilities; and fees, books and supplies, and a project under this program. However, (iv) The coursework includes student student travel in conjunction with if the grantee can demonstrate that it has exposure to vocational rehabilitation, training assignments. insufficient resources to contribute the State vocational rehabilitation agency supported employment, customized entire match but that it can fulfill all means the designated State agency as employment, employer engagement, and other requirements for receiving an defined in 34 CFR 361.5(c)(13). independent living rehabilitation award, the Secretary may waive part of processes, concepts, programs, and the non-Federal share of the cost of the (Authority: Section 12(c) of the services; and Rehabilitation Act of 1973, as amended; 29 project after negotiations with U.S.C. 709(c)) (v) If applicable, there is evidence of Department staff. current professional accreditation by the designated accrediting agency in the (Authority: Section 12(c) of the Subpart B—[Reserved] Rehabilitation Act of 1973, as amended; 29 professional field in which grant U.S.C. 709(c)) Subpart C—How Does the Secretary support is being requested. Make an Award? (Authority: Section 12(c) and 302 of the § 386.31 What are the requirements for Rehabilitation Act of 1973, as amended; 29 directing grant funds? § 386.20 What additional selection criteria U.S.C. 709(c) and 772) (a) A grantee must use at least 65 are used under this program? percent of the total cost of a project In addition to the criteria in 34 CFR § 386.21 What are the application under this program for scholarships as 385.31(c), the Secretary uses the procedures for these programs? defined in § 386.4. following additional selection criteria to (a) Application. No grant shall be (b) The Secretary may waive the evaluate an application: awarded or contract entered into under requirement in (a) and award grants that (a) Relevance to State-Federal the Rehabilitation Long-Term Training use less than 65 percent of the total cost vocational rehabilitation service program unless the applicant has of the project for scholarships based program. (1) The Secretary reviews each submitted to the Secretary an upon the unique nature of the project, application for information that shows application at such time, in such form, such as the establishment of a new that the proposed project appropriately in accordance with such procedures training program or long-term training relates to the mission of the State- identified by the Secretary and, and in an emerging field that does not award Federal vocational rehabilitation service including such information as the degrees or certificates. program. Secretary may require, including— (c) A scholar may not receive (2) The Secretary looks for (1) A description of how the concurrent scholarships from more than information that shows that the project designated State unit or units will one project under this program. can be expected either— participate in the project to be funded (i) To increase the supply of trained (Authority: Sections 12(c) and 302 of the under the grant or contract, including, personnel available to State and other Rehabilitation Act of 1973, as amended; 29 as appropriate, participation on U.S.C. 709(c) and 772) public or nonprofit agencies involved in advisory committees, as practicum sites, the rehabilitation of individuals with in curriculum development, and in § 386.32 What are allowable costs? disabilities through degree or certificate other ways so as to build closer In addition to those allowable costs granting programs; or relationships between the applicant and established in the Education (ii) To improve the skills and quality the designated State unit and to Department General Administrative of professional personnel in the encourage students to pursue careers in Regulations in 34 CFR 75.530 through rehabilitation field in which the training public vocational rehabilitation 75.562, the following items are is to be provided through the granting programs; allowable under long-term training of a degree or certificate. projects: (b) Nature and scope of curriculum. (2) The identification of potential employers that provide employment (a) Student stipends. (1) The Secretary reviews each (b) Tuition and fees. that meets the requirements in application for information that (c) Books and supplies. demonstrates the adequacy of the § 386.33(c); and (d) Student travel in conjunction with proposed curriculum. (3) An assurance that data on the required practicum or internship. employment of graduates or trainees (2) The Secretary looks for (Authority: Sections 12(c) and 302 of the information that shows— who participate in the project is accurate. Rehabilitation Act of 1973, as amended; 29 (i) The scope and nature of the U.S.C. 709(c) and 772) coursework reflect content that can be (b) The Secretary gives the designated expected to enable the achievement of State agency an opportunity to review § 386.33 What are the requirements for the established project objectives; and comment on applications submitted grantees in disbursing scholarships? (ii) The curriculum and teaching from within the State that it serves. The Before disbursement of scholarship methods provide for an integration of procedures to be followed by the assistance to an individual, a grantee—

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(a)(1) Must obtain documentation that (a) Requirement for agreement. No students, and students attending the individual is— individual will be provided a programs established by the institution. (i) A U.S. citizen or national; or scholarship without entering into a (iv) Specific policies defining the (ii) A permanent resident of the written agreement containing the terms effect of course incompletes, Commonwealth of Puerto Rico, the and conditions required by this section. withdrawals, repetitions, and noncredit United States Virgin Islands, Guam, An individual will sign and date the remedial courses on satisfactory American Samoa, or the Commonwealth agreement prior to the initial progress. of the Northern Mariana Islands; disbursement of scholarship funds to (v) Specific procedures for appeal of (2) Must confirm from documentation the individual for payment of the a determination that a scholar is not issued to the individual by the U.S. individual’s expenses. An agreement making satisfactory progress and for Department of Homeland Security that must be executed between the grantee reinstatement of aid. he or she— and scholar for each subsequent year (f) Exit certification. (1) At the time of (i) Is a lawful permanent resident of that scholarship funds are disbursed exit from the program, the grantee will the United States; or and must contain the terms and provide the following information to the (ii) Is in the United States for other conditions required by this section. scholar: than a temporary purpose with the (b) Disclosure to applicants. The (i) The name of the institution and the intention of becoming a citizen or terms and conditions of the agreement number of the Federal grant that permanent resident; and between the grantee and a scholar will provided the scholarship. (b) Must confirm that the applicant be fully disclosed in the application for (ii) the total amount of scholarship has expressed interest in a career in scholarship. assistance received subject to clinical practice, administration, (c) Form and terms of agreement. § 386.40(a)(6). supervision, teaching, or research in the Prior to granting each year of a (iii) The scholar’s field of study and vocational rehabilitation, supported scholarship, the grantee will require the obligation of the scholar to perform employment, or independent living each scholar to enter into a signed the service obligation with employment rehabilitation of individuals with written agreement in which the scholar that meets the requirements in disabilities, especially individuals with agrees to the terms and conditions set § 386.40(a)(6)(i). significant disabilities; forth in § 386.40. This agreement must (c) Must obtain documentation, as (iv) The number of years the scholar be in the form and contain any needs to work to satisfy the work described in § 386.40(a)(6), that the additional terms and conditions that the individual expects to seek and maintain requirements in § 386.40(a)(6)(ii). Secretary may require. (v) The time period during which the employment in a designated State (d) Executed agreement. The grantee agency or in a related agency as defined scholar must satisfy the work will provide an original signed executed requirements in § 386.40(a)(7). in § 386.4 where payback agreement upon request to the (1) The employment is in the field of (vi) As applicable, all other Secretary. obligations of the scholar in § 386.40. study in which the training was (e) Standards for satisfactory progress. (2) Upon receipt of this information received or The grantee will establish, publish, and from the grantee, the scholar must (2) Where the job functions are apply reasonable standards for provide written and signed certification directly relevant to the field of study in measuring whether a scholar is to the grantee that the information is which the training was received. maintaining satisfactory progress in the correct. (d) Must ensure that the scholarship, scholar’s course of study. The Secretary (g) Tracking system. The grantee has when added to the amount of financial considers an institution’s standards to established policies and procedures to aid the scholar receives for the same be reasonable if the standards— academic year under title IV of the (1) Conform with the standards of determine compliance of the scholar Higher Education Act, does not exceed satisfactory progress of the nationally with the terms of the signed payback the scholar’s cost of attendance; recognized accrediting agency that agreement. In order to determine (e) Must limit scholarship assistance accredits the institution’s program of whether a scholar has met the terms and to no more than four academic years, study, if the institution’s program of conditions set forth in § 386.40, the unless the grantee provides an extension study is accredited by such an agency, tracking system must include for each consistent with the institution’s and if the agency has those standards; employment position maintained by the accommodations under section 504 of (2) For a scholar enrolled in an scholar— the Act; and eligible program who is to receive (1) Documentation of the employer’s (f) Must obtain a Certification of assistance under the Rehabilitation Act, name, address, dates of the scholar’s Eligibility for Federal Assistance from are the same as or stricter than the employment, name of supervisor, each scholar as prescribed in 34 CFR institution’s standards for a student position title, a description of the duties 75.60, 75.61, and 75.62. enrolled in the same academic program the scholar performed, and whether the (Approved by the Office of Management who is not receiving assistance under employment is full- or part-time; and Budget under control number 1820– the Rehabilitation Act; and (2) Documentation of how the 0018) (3) Include the following elements: employment meets the requirements in (i) Grades, work projects completed, § 386.40(a)(6); and (Authority: Sections 12(c) and 302(b) of the or comparable factors that are (3) In the event a grantee is Rehabilitation Act of 1973, as amended; 29 experiencing difficulty locating a U.S.C. 709(c) and 772(b)) measurable against a norm. (ii) A maximum timeframe in which scholar, documentation that the grantee § 386.34 What assurances must be the scholar must complete the scholar’s has checked with existing tracking provided by a grantee that intends to educational objective, degree, or systems operated by alumni provide scholarships? certificate. organizations. A grantee under this part that intends (iii) Consistent application of (h) Reports. The grantee will make to grant scholarships for any academic standards to all scholars within annual reports to the Secretary, unless year must provide the following categories of students; e.g., full-time, more frequent reporting is required by assurances before an award is made: part-time, undergraduates, graduate the Secretary, that are necessary to carry

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out the Secretary’s functions under this debt amount and any collection costs requirements of this section, except as part. described in §§ 386.40 and 386.43, if the provided for in § 386.41 for exceptions (i) Repayment status. The grantee will Department: and deferrals; and immediately report to the Secretary (a) Is unable to collect, or improperly (9) Provide the grantee all requested whenever a scholar has entered collected, some or all of these amounts information necessary for the grantee to repayment status under § 386.43(e) and or costs from a scholar and meet the exit certification requirements provide all necessary documentation in (b) Determines that the grantee failed in § 386.34(f) and, as necessary, support thereof. to provide to the Department accurate thereafter for any changes necessary for (j) Records. The grantee will maintain and complete documentation described the grantee to monitor the scholar’s accurate and complete records as in § 386.34. service obligation under this section. (b)(1) The period of qualifying outlined in paragraphs (g) and (h) of this (Authority: Sections 12(c) and 302 of the section for a period of time not less than Rehabilitation Act of 1973, as amended; 29 employment that meets the one year beyond the date that all U.S.C. 709(c) and 772) requirements of paragraph (a)(6) of this scholars provided financial assistance section may begin— under the grant— Subpart E—What Conditions Must Be (i) For courses of study of at least one (1) Have completed their service Met by a Scholar? year, only subsequent to the completion obligation or of one academic year of the training for (2) Have entered into repayment § 386.40 What are the requirements for which the scholarship assistance was status pursuant to § 386.43(e). scholars? received. (a) A scholar must— (ii) For courses of study of less than (Approved by the Office of Management (1) Be enrolled in a course of study one year, only upon completion of the and Budget under control number 1820– leading to a certificate or degree in one training for which the scholarship 0018) of the fields designated in § 386.1(b); assistance was received. (Authority: Sections 12(c) and 302(b) of the (2) Receive the training at the (2) The work completed as part of an Rehabilitation Act of 1973, as amended; 29 educational institution or agency internship, practicum, or any other U.S.C. 709(c) and 772(b)) designated in the scholarship; work-related requirement necessary to § 386.35 What information must be (3) Not accept payment of educational complete the educational program is not provided by a grantee that is an institution allowances from any other entity if that considered qualifying employment. of higher education to assist designated allowance conflicts with the scholar’s (c) If the scholar is pursuing State agencies? obligation under section 302 of the Act coursework on a part-time basis, the A grantee that is an institution of and this part; service obligation for these part-time higher education provided assistance (4) Enter into a signed written courses is based on the equivalent total under this part must cooperate with the agreement with the grantee, prior to the of actual academic years of training following requests for information from receipt of scholarship funds, as required received. a designated State agency: in § 386.34(c); (d) If a scholar fails to provide the (a) Information required by section (5) Maintain satisfactory progress information in paragraph (a)(9) of this 101(a)(7) of the Act which may include, toward the certificate or degree as section or otherwise maintain contact but is not limited to— determined by the grantee; with the grantee pursuant to the terms (1) The number of students enrolled (6) Upon exiting the training program of the signed payback agreement and by the grantee in rehabilitation training under paragraph (a)(1) of this section, enters into repayment status pursuant to programs; and subsequently maintain employment on § 386.43, the scholar will be held (2) The number of rehabilitation a full- or part-time basis subject to the responsible for any costs assessed in the professionals trained by the grantee who provisions in paragraph (b) of this collection process under that section graduated with certification or section— even if that information is subsequently licensure, or with credentials to qualify (i)(A) In a State vocational provided. for certification or licensure, during the rehabilitation agency or related agency (Authority: Sections 12(c) and 302(b) of the past year. as defined in § 386.4; and Rehabilitation Act of 1973, as amended; 29 (b) Information on the availability of (B)(1) In the field of study for which U.S.C. 709(c) and 772(b)) rehabilitation courses leading to training was received, or § 386.41 Under what circumstances does certification or licensure, or the (2) Where the field of study is directly the Secretary grant a deferral or exception credentials to qualify for certification or relevant to the job functions performed; to performance or repayment under a licensure, to assist State agencies in the and scholarship agreement? planning of a program of staff (ii) For a period of at least the full- Based upon sufficient evidence to development for all classes of positions time equivalent of two years for every substantiate the grounds as detailed in that are involved in the administration academic year for which assistance § 386.42, a repayment exception to or and operation of the State vocational under this section was received subject deferral of the requirements of rehabilitation program. to the provisions in paragraph (c) of this § 386.40(a)(6) may be granted, in whole (Approved by the Office of Management section for part-time coursework; or in part, by the Secretary as follows: and Budget under control number 1820– (7) Complete the service obligation (a) Repayment is not required if the 0018) within a period, beginning after the scholar— recipient exits the training program for (1) Is unable to continue the course of (Authority: Sections 12(c) and 302 of the which the scholarship was awarded, of study or perform the work obligation Rehabilitation Act of 1973, as amended; 29 not more than the sum of the number of U.S.C. 709(c) and 772) because of a permanent disability that years in the period described in meets one of the following conditions: § 386.36 What is a grantee’s liability for paragraph (a)(6)(ii) of this section and (i) The disability had not been failing to provide accurate and complete two additional years; diagnosed at the time the scholar signed scholar information to the Department? (8) Repay all or part of any the agreement in § 386.34(c); or The Department may recover, in scholarship received, plus interest, if (ii) The disability did not prevent the whole or in part, from the grantee the the individual does not fulfill the scholar from performing the

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requirements of the course of study or The documentation must be less than payments to the Secretary that cover the work obligation at the time the three months old and include the principal, interest, and collection costs scholar signed the agreement in scholar’s diagnosis and prognosis and according to a schedule established by § 386.34(c) but subsequently worsened; ability to complete the course of study the Secretary. or or work with accommodations. (Authority: Sections 12(c) and 302(b) of the (2) Has died. (2) Documentation to substantiate an Rehabilitation Act of 1973, as amended; 29 (b) Repayment of a scholarship may exception under § 386.41(a)(2) must U.S.C. 709(c) and 772(b)) include a death certificate or other be deferred during the time the scholar ■ 12. Part 387 is revised to read as evidence conclusive under State law. is— follows: (1) Engaging in a full-time course of (3) Documentation necessary to study in the field of rehabilitation at an substantiate a deferral or exception PART 387—INNOVATIVE institution of higher education; under 386.41(c) based upon the REHABILITATION TRAINING (2) Serving on active duty as a disability of a spouse, partner, or child member of the armed services of the must meet the criteria, as relevant, in Subpart A—General United States for a period not in excess paragraph (b)(1) of this section. Sec. of four years; (Approved by the Office of 387.1 What is the Innovative Rehabilitation (3) Serving as a volunteer under the Management and Budget under control Training Program? Peace Corps Act; number 1820–0018) 387.2 Who is eligible for assistance under (4) Serving as a full-time volunteer this program? (Authority: Sections 12(c) and 302 of the 387.3 What regulations apply to this under title I of the Domestic Volunteer Rehabilitation Act of 1973, as amended; 29 program? Service Act of 1973; U.S.C. 709(c) and 772) 387.4 What definitions apply to this (5) Experiencing a temporary § 386.43 What are the consequences of a program? disability that affects the scholar’s scholar’s failure to meet the terms and 387.5 What types of projects are authorized ability to continue the course of study conditions of a scholarship agreement? under this program? or perform the work obligation, for a In the event of a failure to meet the Subpart B—[Reserved] period not to exceed three years; or terms and conditions of a scholarship Subpart C—[Reserved] (c) Under limited circumstances as agreement or to obtain a deferral or an determined by the Secretary and based exception as provided in § 386.41, the Subpart D—How Does the Secretary Make upon credible evidence submitted on scholar must repay all or part of the a Grant? behalf of the scholar, the Secretary may scholarship as follows: 387.30 What additional selection criteria grant an exception to, or deferral of, the (a) Amount. The amount of the are used under this program? requirement to repay a scholarship in scholarship to be repaid is proportional Subpart E—What Conditions Must Be Met instances not specified in this section. to the employment obligation not by a Grantee? These instances could include, but are completed. not limited to, the care of a disabled 387.40 What are the matching (b) Interest rate. The Secretary charges requirements? spouse, partner, or child or the need to the scholar interest on the unpaid 387.41 What are allowable costs? accompany a spouse or partner on balance owed in accordance with 31 active duty in the Armed Forces. Authority: Sections 12(c) and 302 of the U.S.C. 3717. Rehabilitation Act of 1973, as amended; 29 (Authority: Sections 12(c) and 302(b) of the (c) Interest accrual. (1) Interest on the U.S.C. 709(c), and 772, unless otherwise Rehabilitation Act of 1973, as amended; 29 unpaid balance accrues from the date noted. U.S.C. 709(c) and 772(b)) the scholar is determined to have entered repayment status under Subpart A—General § 386.42 What must a scholar do to obtain paragraph (e) of this section. an exception or a deferral to performance (2) Any accrued interest is capitalized § 387.1 What is the Innovative or repayment under a scholarship Rehabilitation Training Program? agreement? at the time the scholar’s repayment schedule is established. This program is designed— To obtain an exception or a deferral (3) No interest is charged for the (a) To develop new types of training to performance or repayment under a period of time during which repayment programs for rehabilitation personnel scholarship agreement under § 386.41, a has been deferred under § 386.41. and to demonstrate the effectiveness of scholar must provide the following: (d) Collection costs. Under the these new types of training programs for (a) Written application. A written authority of 31 U.S.C. 3717, the rehabilitation personnel in providing application must be made to the Secretary may impose reasonable rehabilitation services to individuals Secretary to request a deferral or an collection costs. with disabilities; exception to performance or repayment (e) Repayment status. A scholar enters (b) To develop new and improved of a scholarship. repayment status on the first day of the methods of training rehabilitation (b) Documentation. Sufficient first calendar month after the earliest of personnel so that there may be a more documentation must be provided to the following dates, as applicable: effective delivery of rehabilitation substantiate the grounds for all deferrals (1) The date the scholar informs the services to individuals with disabilities or exceptions, including the following, Secretary he or she does not plan to by designated State rehabilitation as appropriate. fulfill the employment obligation under agencies and designated State (1) Documentation necessary to the agreement. rehabilitation units or other public or substantiate an exception under (2) Any date when the scholar’s non-profit rehabilitation service § 386.41(a)(1) or a deferral under failure to begin or maintain employment agencies or organizations; and § 386.41(b)(5) must include a letter from makes it impossible for that individual (c) To develop new innovative a qualified physician or other medical to complete the employment obligation training programs for vocational professional, on official stationery, within the number of years required in rehabilitation professionals and attesting how the disability affects the § 386.34(c)(1). paraprofessionals to have a 21st century scholar in completing the course of (f) Amounts and frequency of understanding of the evolving labor study or performing the work obligation. payment. The scholar shall make force and the needs of individuals with

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disabilities so they can more effectively (i) To increase the supply of trained PART 388—[REMOVED AND provide vocational rehabilitation personnel available to public and RESERVED] services to individuals with disabilities. private agencies involved in the ■ (Authority: Sections 12(c), 121(a)(7), and 302 rehabilitation of individuals with 13. Part 388 is removed and reserved. of the Rehabilitation Act of 1973, as disabilities; or amended; 29 U.S.C. 709(c), 721(a)(7), and (ii) To maintain and improve the PART 389—[REMOVED AND 772) skills and quality of rehabilitation RESERVED] personnel. § 387.2 Who is eligible for assistance (b) Nature and scope of curriculum. ■ 14. Part 389 is removed and reserved. under this program? (1) The Secretary reviews each ■ 15. Part 390 is revised to read as Those agencies and organizations application for information that follows: eligible for assistance under this demonstrates the adequacy and scope of program are described in 34 CFR 385.2. the proposed curriculum. PART 390—REHABILITATION SHORT- (Authority: Section 12(c) and 302 of the (2) The Secretary looks for TERM TRAINING Rehabilitation Act of 1973, as amended; 29 information that shows that— Subpart A—General U.S.C. 709(c) and 772) (i) The scope and nature of the training content can be expected to Sec. § 387.3 What regulations apply to this enable the achievement of the 390.1 What is the Rehabilitation Short- program? Term Training program? established project objectives of the (a) 34 CFR part 385 (Rehabilitation 390.2 Who is eligible for assistance under training project; this program? Training); and (ii) The curriculum and teaching (b) The regulations in this part 387. 390.3 What regulations apply to this methods provide for an integration of program? (Authority: Sections 12(c) and 302 of the theory and practice relevant to the 390.4 What definitions apply to this Rehabilitation Act of 1973, as amended; 29 educational objectives of the program; program? U.S.C. 709(c) and 772) (iii) There is evidence of Subpart B—What Kinds of Projects Does § 387.4 What definitions apply to this educationally focused practicum or the Department of Education Assist Under program? other field experiences in settings that This Program? The definitions in 34 CFR part 385 assure student involvement in the 390.10 What types of projects are apply to this program. provision of vocational rehabilitation or authorized under this program? independent living rehabilitation (Authority: Sections 12(c) and 302 of the services to individuals with disabilities, Subpart C—[Reserved] Rehabilitation Act of 1973, as amended; 29 U.S.C. 709(c) and 772)) especially individuals with significant Subpart D—How Does the Secretary Make disabilities; and a Grant? § 387.5 What types of projects are (iv) The didactic coursework includes 390.30 What additional selection criterion authorized under this program? student exposure to vocational is used under this program? rehabilitation processes, concepts, The Innovative Rehabilitation Subpart E—What Conditions Must Be Met Training Program supports time-limited programs, and services. by a Grantee? pilot projects through which new types (Authority: Sections 12(c) and 302 of the of rehabilitation workers may be trained 390.40 What are the matching Rehabilitation Act of 1973, as amended; 29 requirements? or through which innovative methods of U.S.C. 709(c) and 772) 390.41 What are allowable costs? training rehabilitation personnel may be demonstrated. Subpart E—What Conditions Must Be Authority: Sections 12(a) and (c) and 302 Met by a Grantee? of the Rehabilitation Act of 1973, as (Authority: Sections 12(c) and 302 of the amended; 29 U.S.C. 709(a) and (c) and 772, Rehabilitation Act of 1973, as amended; 29 § 387.40 What are the matching unless otherwise noted. U.S.C. 709(c) and 772)) requirements? Subpart A—General Subpart B—[Reserved] A grantee must contribute to the cost of a project under this program in an § 390.1 What is the Rehabilitation Short- Subpart C—[Reserved] amount satisfactory to the Secretary. Term Training program? The part of the costs to be borne by the This program is designed for the Subpart D—How Does the Secretary grantee is determined by the Secretary at the time of the grant award. support of special seminars, institutes, Make a Grant? workshops, and other short-term (Authority: Sections 12(c) and 302 of the § 387.30 What additional selection criteria courses in technical matters relating to Rehabilitation Act of 1973, as amended; 29 the vocational, medical, social, and are used under this program? U.S.C. 709(c) and 772) In addition to the criteria in 34 CFR psychological rehabilitation programs, 385.31(c), the Secretary uses the § 387.41 What are allowable costs? independent living services programs, following additional selection criteria to In addition to those allowable costs and client assistance programs. evaluate an application: established under 34 CFR 75.530– (Authority: Sections 12(a)(2) and 302 of the (a) Relevance to State-Federal 75.562, the following items are Rehabilitation Act of 1973, as amended; 29 rehabilitation service program. (1) The allowable under Innovative U.S.C. 709(a)(2) and 772) Secretary reviews each application for Rehabilitation training projects— § 390.2 Who is eligible for assistance information that shows that the (a) Student stipends; under this program? proposed project appropriately relates to (b) Tuition and fees; and the mission of the State-Federal (c) Student travel in conjunction with Those agencies and organizations rehabilitation service program. training assignments. eligible for assistance under this (2) The Secretary looks for (Authority: Sections 12(c) and 302 of the program are described in 34 CFR 385.2. information that shows that the project Rehabilitation Act of 1973, as amended; 29 (Authority: Section 302 of the Rehabilitation can be expected either— U.S.C. 709(c) and 772) Act of 1973, as amended; 29 U.S.C. 772)

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§ 390.3 What regulations apply to this evidence of training needs as identified 396.5 What activities may the Secretary program? through training needs assessment fund? (a) 34 CFR part 385 (Rehabilitation conducted by the applicant or by Subpart B—[Reserved] Training); and designated State agencies or designated (b) The regulations in this part 390. State units or any other public and Subpart C—How Does One Apply for an Award? (Authority: Section 302 of the Rehabilitation private nonprofit rehabilitation service Act of 1973, as amended; 29 U.S.C. 772) agencies or organizations that provide 396.20 What must be included in an rehabilitation services and other application? § 390.4 What definitions apply to this services authorized under the Act, Subpart D—How Does the Secretary Make program? whose personnel will receive the an Award? The definitions in 34 CFR part 385 training. 396.30 How does the Secretary evaluate an apply to this program. (Authority: Section 12(c) of the application? (Authority: Section 12(c) of the Rehabilitation Act of 1973, as amended; 29 396.31 What additional selection criteria Rehabilitation Act of 1973, as amended; 29 U.S.C. 709(c)) are used under this program? U.S.C. 709(c)) 396.32 What additional factors does the Subpart E—What Conditions Must Be Secretary consider in making awards? Subpart B—What Kinds of Projects Met by a Grantee? 396.33 What priorities does the Secretary Does the Department of Education apply in making awards? Assist Under This Program? § 390.40 What are the matching 396.34 What are the matching requirements? requirements? § 390.10 What types of projects are A grantee must contribute to the cost Authority: Sections 12(c) and 302(a) and (f) authorized under this program? of a project under this program in an of the Rehabilitation Act of 1973, as (a) Projects under this program are amount satisfactory to the Secretary. amended; 29 U.S.C. 709(c) and 772(a) and (f), designed to provide short-term training The part of the costs to be borne by the unless otherwise noted. and technical instruction in areas of grantee is determined by the Secretary Subpart A—General special significance to the vocational, at the time of the award. medical, social, and psychological (Authority: Section 12(c) and 302 of the § 396.1 What is the Training of Interpreters rehabilitation programs, supported for Individuals Who Are Deaf or Hard of employment programs, independent Rehabilitation Act of 1973, as amended; 29 U.S.C. 709(c) and 772) Hearing and Individuals Who Are Deaf-Blind living services programs, and client program? assistance programs. § 390.41 What are allowable costs? The Training of Interpreters for (b) Short-term training projects may (a) In addition to those allowable Individuals Who Are Deaf or Hard of be of regional or national scope. costs established in 34 CFR 75.530– Hearing and Individuals Who Are Deaf- (c) Conferences and meetings in 75.562, the following items are Blind program is designed to establish which training is not the primary focus allowable under short-term training interpreter training programs or to may not be supported under this projects: provide financial assistance for ongoing program. (1) Trainee per diem costs; interpreter programs to train a sufficient (Authority: Section 12(a)(2) and 302 of the (2) Trainee travel in connection with number of qualified interpreters Rehabilitation Act of 1973, as amended; 29 a training course; throughout the country in order to meet U.S.C. 709(a)(2) and 772) (3) Trainee registration fees; and the communication needs of individuals (4) Special accommodations for Subpart C—[Reserved] who are deaf or hard of hearing and trainees with handicaps. individuals who are deaf-blind by— (b) The preparation of training (a) Training interpreters to effectively Subpart D—How Does the Secretary materials may not be supported under a interpret and transliterate between Make a Grant? short-term training grant unless the spoken language and sign language, and materials are essential for the conduct of § 390.30 What additional selection to transliterate between spoken language criterion is used under this program? the seminar, institute, workshop or and oral or tactile modes of other short course for which the grant In addition to the criteria in 34 CFR communication; support has been provided. 385.31(c), the Secretary uses the (b) Ensuring the maintenance of the following additional selection criterion (Authority: Section 12(c) and 302 of the interpreting skills of qualified to evaluate an application: Rehabilitation Act of 1973, as amended; 29 interpreters; and (a) Relevance to State-Federal U.S.C. 709(c) and 772) (c) Providing opportunities for rehabilitation service program. (1) The ■ 16. Part 396 is revised to read as interpreters to raise their skill level Secretary reviews each application for follows: competence in order to meet the highest information that shows that the standards approved by certifying proposed project appropriately relates to PART 396—TRAINING OF associations. INTERPRETERS FOR INDIVIDUALS the mission of the State-Federal (Authority: Sections 12(c) and 302(a) and (f) rehabilitation service programs. WHO ARE DEAF OR HARD OF of the Rehabilitation Act of 1973, as (2) The Secretary looks for HEARING AND INDIVIDUALS WHO amended; 29 U.S.C. 709(c) and 772(a) and (f)) information that shows that the ARE DEAF-BLIND § 396.2 Who is eligible for an award? proposed project can be expected to Subpart A—General improve the skills and competence of— Public and private nonprofit agencies (i) Personnel engaged in the Sec. and organizations, including 396.1 What is the Training of Interpreters administration or delivery of institutions of higher education, are for Individuals Who Are Deaf or Hard of eligible for assistance under this rehabilitation services; and Hearing and Individuals Who Are Deaf- (ii) Others with an interest in the Blind program? program. delivery of rehabilitation services. 396.2 Who is eligible for an award? (Authority: Section 302(f) of the (b) Evidence of training needs. The 396.3 What regulations apply? Rehabilitation Act of 1973, as amended; 29 Secretary reviews each application for 396.4 What definitions apply? U.S.C. 772(f))

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§ 396.3 What regulations apply? cannot be understood with optimum arrangement with a designated State The following regulations apply to the amplification, or a progressive hearing agency in the area of specialty for which Training of Interpreters for Individuals loss having a prognosis leading to this training is provided: Who Are Deaf or Hard of Hearing and condition; and (i) A Federal, State, or local agency. Individuals Who Are Deaf-Blind (iii) For whom the combination of (ii) A nonprofit organization. program: impairments described in paragraphs (iii) A professional corporation or (a) 34 CFR part 385 (Rehabilitation (1)(i) and (ii) of this definition causes professional practice group. Training); and extreme difficulty in attaining (Authority: Sections 12(c) and 302(f) of the (b) The regulations under this part independence in daily life activities, Rehabilitation Act of 1973, as amended and 396. achieving psychosocial adjustment, or Section 206 of Pub. L. 98–221; 29 U.S.C. 709(c) and 772(f) and 29 U.S.C 1905) (Authority: Sections 12(c) and 302(f) of the obtaining a vocation; Rehabilitation Act of 1973, as amended; 29 (2) Who, despite the inability to be § 396.5 What activities may the Secretary U.S.C. 709(c) and 772(f)) measured accurately for hearing and fund? vision loss due to cognitive or The Secretary may award grants to § 396.4 What definitions apply? behavioral constraints, or both, can be (a) Definitions in EDGAR. The public or private nonprofit agencies or determined through functional and organizations, including institutions of following terms defined in 34 CFR 77.1 performance assessment to have severe apply to this part: higher educations, to provide assistance hearing and visual disabilities that for establishment of interpreter training Applicant cause extreme difficulty in attaining programs or for projects that provide Application independence in daily life activities, training in interpreting skills for persons Award achieving psychosocial adjustment, or Equipment preparing to serve, and persons who are obtaining vocational objectives; or already serving, as interpreters for Grant (3) Who meets any other requirements individuals who are deaf or hard of Nonprofit that the Secretary may prescribe. Private Individual who is hard of hearing hearing, and as interpreters for Project individuals who are deaf-blind in public Public means an individual who has a hearing impairment such that, in order to and private agencies, schools, and other Secretary service-providing institutions. Supplies facilitate communication, the individual depends upon visual modes, such as (Authority: Section 302(f) of the (b) Definitions in the rehabilitation sign language, speech reading, and Rehabilitation Act of 1973, as amended; 29 training regulations. The following gestures, or reading and writing, in U.S.C. 772(f)) terms defined in 34 CFR 385.4(b) apply addition to any other auditory to this part: Subpart B—[Reserved] information. Individual With a Disability Interpreter for individuals who are Institution of Higher Education Subpart C—How Does One Apply for deaf or hard of hearing means a an Award? (c) Other definitions. The following qualified professional who uses sign definitions also apply to this part: language skills, cued speech, or oral § 396.20 What must be included in an Existing program that has interpreting skills, as appropriate to the application? demonstrated its capacity for providing needs of individuals who are deaf or Each applicant shall include in the interpreter training services means an hard of hearing, to facilitate application— established program with— communication between individuals (a) A description of the manner in (1) A record of training qualified who are deaf or hard of hearing and which the proposed interpreter training interpreters who are serving the deaf, other individuals. program will be developed and operated hard of hearing, and deaf-blind Interpreter for individuals who are during the five-year period following communities; and deaf-blind means a qualified the award of the grant; (2) An established curriculum that professional who uses tactile or other (b) A description of the uses evidence-based practices in the manual language or fingerspelling communication needs for training training of interpreters and promising modes, as appropriate to the needs of interpreters in the geographical area to practices when evidence-based practices individuals who are deaf-blind, to be served by the project; are not available. facilitate communication between (c) A description of the applicant’s Individual who is deaf means an individuals who are deaf-blind and capacity or potential for providing individual who has a hearing other individuals. training of interpreters for individuals impairment of such severity that the Qualified professional means an who are deaf or hard of hearing and individual must depend primarily upon individual who has— interpreters for individuals who are visual modes, such as sign language, (1) Met existing certification or deaf-blind that is evidence-based, and speech reading, and gestures, or reading evaluation requirements equivalent to based on promising practices when and writing to facilitate communication. the highest standards approved by evidence-based practices are not Individual who is deaf-blind means an certifying associations; and available; individual— (2) Successfully demonstrated (d) An assurance that any interpreter (1)(i) Who has a central visual acuity interpreting skills that reflect the trained or retrained under this program of 20/200 or less in the better eye with highest standards approved by shall meet those standards of corrective lenses, or a field defect such certifying associations through prior competency for a qualified professional, that the peripheral diameter of visual work experience. that the Secretary may establish; field subtends an angular distance no Related agency means— (e) An assurance that the project shall greater than 20 degrees, or a progressive (1) An American Indian rehabilitation cooperate or coordinate its activities, as visual loss having a prognosis leading to program; or appropriate, with the activities of other one or both of these conditions; (2) Any of the following agencies that projects funded under this program; (ii) Who has a chronic hearing provide services to individuals with (f) The descriptions required in 34 impairment so severe that most speech disabilities under an agreement or other CFR 385.45 with regard to the training

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of individuals with disabilities, with State Vocational Rehabilitation § 396.33 What priorities does the Secretary including those from minority groups, agencies and their related agencies and apply in making awards? for rehabilitation careers; and consumers; (a) The Secretary, in making awards (g) Such other information as the (b) The training is appropriate to the under this part, gives priority to public Secretary may require. needs of both individuals who are deaf or private nonprofit agencies or (Approved by the Office of or hard of hearing and individuals who organizations, including institutions of Management and Budget under control are deaf-blind and to the needs of public higher education, with existing number 1820–0018) and private agencies that provide programs that have demonstrated their (Authority: Sections 12(c), 21(c), and 302(f) services to either individuals who are capacity for providing interpreter of the Rehabilitation Act of 1973, as deaf or hard of hearing or individuals training. amended; 29 U.S.C. 709(c), 718(c), and who are deaf-blind in the geographical 772(f)) (b) In announcing competitions for area to be served by the training project; grants and contracts, the Secretary may Subpart D—How Does the Secretary (c) The curriculum for the training of give priority consideration to— Make an Award? interpreters includes evidence-based (1) Increasing the skill level of practices, and promising practices when interpreters for individuals who are deaf § 396.30 How does the Secretary evaluate evidence-based practices are not or hard of hearing and individuals who an application? available; are deaf-blind in the unserved or (a) The Secretary evaluates (d) There is a working relationship underserved geographic areas; applications under the procedures in 34 between the interpreter training project (2) Existing programs that have CFR part 75. and State Vocational Rehabilitation demonstrated their capacity for (b) The Secretary evaluates each agencies and their related agencies, and providing interpreter training services application using selection criteria in consumers; and that raise the skill level of interpreters § 396.31. (e) There are opportunities for (c) In addition to the selection criteria in order to meet the highest standards individuals who are deaf or hard of approved by certifying associations; and described in paragraph (b) of this hearing and individuals who are deaf- section, the Secretary evaluates each blind to provide input regarding the (3) Specialized topical training based application using— design and management of the training on the communication needs of (1) Selection criteria in 34 CFR project. individuals who are deaf or hard of 75.210; hearing and individuals who are deaf- (2) Selection criteria established (Authority: Sections 12(c) and 302(f) of the blind. under 34 CFR 75.209; or Rehabilitation Act of 1973, as amended; 29 U.S.C. 709(c) and 772(f)) (Authority: Sections 12(c) and 302(f)(1)(C) of (3) A combination of selection criteria the Rehabilitation Act of 1973, as amended; established under 34 CFR 75.209 and § 396.32 What additional factors does the 29 U.S.C. 709(c) and 772(f)(1)(C)) selection criteria in 34 CFR 75.210. Secretary consider in making awards? § 396.34 What are the matching (Authority: Section 302(f) of the In addition to the selection criteria requirements? Rehabilitation Act of 1973, as amended; 29 listed in § 396.31 and 34 CFR 75.210, U.S.C. 772(f)) the Secretary, in making awards under A grantee must contribute to the cost § 396.31 What additional selection criteria this part, considers the geographical of a project under this program in an are used under this program? distribution of projects throughout the amount satisfactory to the Secretary. The part of the costs to be borne by the In addition to the criteria in 34 CFR country, as appropriate, in order to best grantee is determined by the Secretary 396.30(c), the Secretary uses the carry out the purposes of this program. at the time of the grant award. following additional selection criterion To accomplish this, the Secretary may to evaluate an application. The in any fiscal year make awards of (Authority: Section 12(c) and 302(f) of the Secretary reviews each application to regional or national scope. Rehabilitation Act of 1973, as amended; 29 U.S.C. 709(c) and 772(f)) determine the extent to which— (Authority: Sections 12(c) and 302(f) of the (a) The proposed interpreter training Rehabilitation Act of 1973, as amended; 29 [FR Doc. 2015–05535 Filed 4–2–15; 4:15 pm] project was developed in consultation U.S.C. 709(c) and 772(f)) BILLING CODE 4000–01–P

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